The end around case has been put together by TX AG Ken Paxton suing GA, MI, WI, and PA at SCOTUS. Bringing this case across multiple jurisdictions gives it a straight lane to the SCOTUS.
This happened just before midnight tonight, will post documents soon
More from Roscoe B Davis🎖⭐️⭐️⭐️
More from Law
In the cold light of morning, I'm still completely amazed by the legal belly flop that @ThomasMoreSoc filed in the DC District Court. It's the legal equivalent of watching the butt fumble, live
EVERYTHING you could possibly get wrong in a complaint, they managed
Start with the plaintiffs. The ONLY claims in the lawsuit are that the Constitution gives state legislatures the right to set the manner of elections, which they have allegedly (we'll get to this insanity) failed to do.
There's oodles of caselaw saying "since that's a right of the state legislature, only state legislatures, as a body, can bring such a claim"
Are the plaintiffs state legislatures?
https://t.co/KJGEvm8Owp
OK, what about the Defendants? They've sued Defendants from, IIRC, five states (GA, PA, WI, MI, AZ) based on claims that the State Legislatures there didn't pass election rules that the plaintiffs insist the Constitution requires (I promise, we'll get there).
EVERYTHING you could possibly get wrong in a complaint, they managed
Start with the plaintiffs. The ONLY claims in the lawsuit are that the Constitution gives state legislatures the right to set the manner of elections, which they have allegedly (we'll get to this insanity) failed to do.
There's oodles of caselaw saying "since that's a right of the state legislature, only state legislatures, as a body, can bring such a claim"
Are the plaintiffs state legislatures?
https://t.co/KJGEvm8Owp
OK, what about the Defendants? They've sued Defendants from, IIRC, five states (GA, PA, WI, MI, AZ) based on claims that the State Legislatures there didn't pass election rules that the plaintiffs insist the Constitution requires (I promise, we'll get there).
Hot take: Courts might be able to review the legality of this impeachment, even under current political-question doctrine. Here’s why and how the issue might arise:
Suppose Senate convicts and disqualifies Trump from ever holding federal office. Trump files paperwork to run anyway, but state officials deny his application, citing his Senate impeachment judgment. Trump sues, arguing that the judgment is void.
Normally a legal dispute about a prospective candidates eligibility to run would certainly present a justiciable case or controversy. But are courts bound to accept the Senate impeachment judgment as valid? Maybe not. Here’s why:
According to Article I, “The Senate shall have the sole Power to try all Impeachments.” This is a small amount of judicial power vested in Congress. When trying impeachments, the Senate sits as a court.
The Senate’s judicial power includes the power to decide relevant legal questions that arise, such as what procedures are sufficient to constitute a “trial” w/in the Constitution’s meaning. Such legal determinations are conclusive, as SCOTUS held in Nixon v. United States (1993).
Honest Q: Some people argue in good faith that an impeachment trial after POTUS leaves office is unconstitutional. I think they\u2019re wrong. But let\u2019s say they\u2019re right, yet senate does it anyway. Does anyone seriously think SCOTUS reverses verdict (or even can)?
— Jonah Goldberg (@JonahDispatch) January 17, 2021
Suppose Senate convicts and disqualifies Trump from ever holding federal office. Trump files paperwork to run anyway, but state officials deny his application, citing his Senate impeachment judgment. Trump sues, arguing that the judgment is void.
Normally a legal dispute about a prospective candidates eligibility to run would certainly present a justiciable case or controversy. But are courts bound to accept the Senate impeachment judgment as valid? Maybe not. Here’s why:
According to Article I, “The Senate shall have the sole Power to try all Impeachments.” This is a small amount of judicial power vested in Congress. When trying impeachments, the Senate sits as a court.
The Senate’s judicial power includes the power to decide relevant legal questions that arise, such as what procedures are sufficient to constitute a “trial” w/in the Constitution’s meaning. Such legal determinations are conclusive, as SCOTUS held in Nixon v. United States (1993).
You May Also Like
fascinated by this man, mario cortellucci, and his outsized influence on ontario and GTA politics. cortellucci, who lives in vaughan and ran as a far-right candidate for the italian senate back in 2018 - is a major ford donor...
his name might sound familiar because the new cortellucci vaughan hospital at mackenzie health, the one doug ford has been touting lately as a covid-centric facility, is named after him and his family
but his name also pops up in a LOT of other ford projects. for instance - he controls the long term lease on big parts of toronto's portlands... where doug ford once proposed building an nfl stadium and monorail... https://t.co/weOMJ51bVF
cortellucci, who is a developer, also owns a large chunk of the greenbelt. doug ford's desire to develop the greenbelt has been
and late last year he rolled back the mandate of conservation authorities there, prompting the resignations of several members of the greenbelt advisory
his name might sound familiar because the new cortellucci vaughan hospital at mackenzie health, the one doug ford has been touting lately as a covid-centric facility, is named after him and his family
but his name also pops up in a LOT of other ford projects. for instance - he controls the long term lease on big parts of toronto's portlands... where doug ford once proposed building an nfl stadium and monorail... https://t.co/weOMJ51bVF
cortellucci, who is a developer, also owns a large chunk of the greenbelt. doug ford's desire to develop the greenbelt has been
and late last year he rolled back the mandate of conservation authorities there, prompting the resignations of several members of the greenbelt advisory
A list of cool websites you might now know about
A thread 🧵
1) Learn Anything - Search tools for knowledge discovery that helps you understand any topic through the most efficient
2) Grad Speeches - Discover the best commencement speeches.
This website is made by me
3) What does the Internet Think - Find out what the internet thinks about anything
4) https://t.co/vuhT6jVItx - Send notes that will self-destruct after being read.
A thread 🧵
1) Learn Anything - Search tools for knowledge discovery that helps you understand any topic through the most efficient
2) Grad Speeches - Discover the best commencement speeches.
This website is made by me
3) What does the Internet Think - Find out what the internet thinks about anything
4) https://t.co/vuhT6jVItx - Send notes that will self-destruct after being read.
