Election Litigation Status

[Res Ipsa]

Fact checking the brief Trump filed with the US Supreme Court. https://Twitter.com/cnnnewsroom/status/ ... 10624?s=21

The Justices are not the sort of folks you can piss on and convince them it’s actually just raining.

Not wanting to be left behind, Congressman Mike Kelly of PA has filed a Petition for Certiorari with the U.S. Supreme Court.

I really want to send each Justice a bottle of scotch. They're going to need it.

The Michigan Supreme Court had denied Trump's appeal of a suit he filed to stop the counting of absentee ballots. https://www.democracydocket.com/wp-cont ... -11-or.pdf

Good thread on the Supreme Court. https://Twitter.com/questauthority/stat ... 49409?s=20 They had to consider an emergency death penalty appeal yesterday, and their last scheduled conference is today. They will take whatever time they need to rule on the Texas monstrosity and the petitions for certiorari that have been filed.

[Gunnar]

In the light of Trump's past corruption, pathological lying and the damage he has done and is now trying to do to nullify a fair election, I fully sympathize with what Bill Pascrell Jr. is tying to do about preventing the seating of the 126 Republican house members who are supporting Ken Paxton's ridiculous lawsuit.

Today I’m calling on House leaders to refuse to seat any Members trying to overturn the election and make donald trump an unelected dictator.

The text of the 14th Amendment expressly forbids Members of Congress from engaging in rebellion against the United States. Trying to overturn a democratic election and install a dictator seems like a pretty clear example of that.

But even though I am convinced that what he is trying to do is both just and constitutionally correct, I can't help fearing that the violence and disruption it would inspire in the hearts of Trump's lunatic supporters (and I will not apologize for using the word "lunatic") might so further exacerbate the dissention, division and even racial and ethnic intolerance that Trump has worked so hard from the start to provoke and take advantage of that it might backfire and make things even worse than they already are.

[Res Ipsa]

In the light of Trump's past corruption, pathological lying and the damage he has done and is now trying to do to nullify a fair election, I fully sympathize with wat Bill Pascrell Jr. is tying to do about preventing the seating of the 126 Republican house members who are supporting Ken Paxton's ridiculous lawsuit.

Today I’m calling on House leaders to refuse to seat any Members trying to overturn the election and make donald trump an unelected dictator.

The text of the 14th Amendment expressly forbids Members of Congress from engaging in rebellion against the United States. Trying to overturn a democratic election and install a dictator seems like a pretty clear example of that.

I sympathize, too. But I checked, and there is a Supreme Court case that holds that House leaders cannot refuse to seat members. They would have to seat them and then use the removal procedures, which requires a 2/3 supermajority.

[Gunnar]

I sympathize, too. But I checked, and there is a Supreme Court case that holds that House leaders cannot refuse to seat members. They would have to seat them and then use the removal procedures, which requires a 2/3 supermajority.

Well, that pretty much kills that possibility, then. To get that 2/3 supermajority at least some of those 126 themselves would probably have to be persuaded to change their minds and join the supermajority against those who wouldn't.

ETA: Actually, if all of the Republicans who did not support that suit sided with the all the non-Republicans in refusing to seat the 126 who did, that would be 309 votes, 19 more than would be needed than the 290 supermajority needed to expel them from the 117th congress. Still, that seems rather unlikely at this point.

[Res Ipsa]

If anyone out there plans to go to law school, or has kids, relatives, friends or distant acquaintances that plan to go to law school, please warn them that they should not take the wave of post-election lawsuits as good lawyering. In this example, Donald Trump's lawyers screwed up and filed a complaint in the wrong federal court. Then they asked for a refund of the filing fee, claiming they had filed the complaint in the right court, but the electronic system had malfunctioned and simultaneously filed it in two courts.

Except they were lying. Provably, clearly lying. https://www.courtlistener.com/recap/gov ... 16.8.0.pdf

Never, ever, ever lie to the court. And that goes double for lying to the court clerk.

The Wisconsin Supreme Court will hear argument tomorrow in Trump's last case in Wisconsin's state courts.

[Gunnar]

delete

[Doctor CamNC4Me]

Never, ever, ever lie to the court. And that goes double for lying to the court clerk.

Are there going to be any damned consequences for these clowns?

- Doc

[Res Ipsa]

And the Supreme Court has denied Texas's motion to file suit under its original jurisdiction 7-2. The two were Alito and Thomas, which was completely expected. They have stated in the past their view that the Court must always approve this kind of motion involving suits between states. They also stated that they would have granted the motion, but denied any relief.

https://Twitter.com/ZoeTillman/status/1 ... 03936?s=20

I'm impressed. I just realized they are also dealing with another emergency request for stay of an execution scheduled for tonight. Because firing squads are apparently now part of our annual Christmas celebrations.

[Dr Exiled]

So, I wonder what Trump's next move will be? Try to convince some congress members to object to electors?

He ought to concede a la Gore and say that while he doesn't agree with the result, he will respect it. Gore made a fortune with his environmental movie and network. Perhaps Trump T.V. will be coming this spring to Newsmax?

[subgenius]

Lin Wood's appeal in Georgia is on the Supreme Court docket, responses due January 11th.