BC POLITICS
Saved by @Alex1Powell

Goddamn it, Texas, I don't have time for this today.

Fine. Fine. A brief thread. (Yesterday I said I'd do a brief thread on the Michigan decision and finished an hour and a half later. Can't let this be that, today).

 OK. Texas filed a motion for leave to file a complaint against PA, GA, MI and WI in the Supreme Court. Someone else can lawsplain to you how that works, or you can google the highlighted rules, but briefly, this is a thing they can theoretically do
There is a MASSIVE contradiction at the heart of this complaint, and its doomed for other reasons, too (standing, laches, abstention)
They have three theories for why they can sue:
1) Violation of the Electors Clause of the Constitution ("the Constitution gives state legislatures exclusive control of the manner of selecting electors and judicial action can't change it)
2) "Counties applied different rules"
And 3) "you didn't have as strict voter ID requirements as we'd like, and that's unconstitutional for reasons"

That's it. That's the case
They're also leaning into "every violation of state election law is a violation of the constitution" which will fly like a lead balloon
OK, on to the Complaint
And the contradiction.

The core of their complaint is that when the Constitution gives state legislatures the right to direct the "Manner" of appointing electors, that right is exclusive, and the "Manner" set by the legislature can't be varied *at all* by courts or executives
So what relief do they want? "SCOTUS, please extend December 14th voting date for presidential electors, which Congress set by statute"
The 14th, btw, is NOT the deadline for "appointing" electors. The statutory deadline for appointing electors is Nov 3 (Election Day). (Everything that happens after election day, including later certifications, is just determining *who* was appointed that day, by the election)
The 14th is the day that Congress, by statute, set for the appointed electors to actually vote for President
But the Constitution - in the very same section that says State Legislatures decide the "Manner" in which Electors are appointed - also says this:
This creates 2 problems for Texas and Trumpian Dead-Enders.

First, Congress already set the day for choosing electors as November 3. No state can choose electors on any subsequent date
Second, Congress set the date for the vote as 12/14.

And if the delegation of "Manner" to state legislatures means that state courts can't, for example, extend ballot receipt deadlines because the delegation is EXCLUSIVE and only state legislatures can set those rules, then ...
The delegation of "Time" to Congress must - must, no way around it - ALSO be exclusive, meaning the Supreme Court would have no authority AT ALL to extend the December 14th date, either
Either they're both exclusive (in which case SCOTUS can't grant the requested relief) or they are both subject to judicial oversight (in which case Texas's substantive claim is doomed). There's no third option
Texas then adopts the crazy conspiracy theories that have already been presented to and repeatedly rejected by other courts around the country.
Holy fuck they didn't
They did. They fucking did

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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).
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Akiva Cohen
Akiva Cohen
@AkivaMCohen
So Dominion sued Rudy for defamation. How are they ever going to allege actual malice?
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Akiva Cohen
Akiva Cohen
@AkivaMCohen
Let's talk about this North Dakota attempt to legislate around Section 230 and create a civil right of action for users censored by social media sites. CC @mmasnick

Forget, for a moment, that this law, if it passed would immediately be deemed void as preempted by Section 230 (Federal law is supreme over state law where they conflict, and this would create an express conflict). This bill is a really good example of why this stuff is hard

Here's the key provision of the bill. The various highlighting on these versions shows areas we'll touch on


First of all, let's look at the last of those images. There's no question that this would target conduct immune under federal law - and, in fact, if 230 were repealed nobody could ever be liable under this law (since it only reaches immune conduct). So it's incredibly stupid.


But again, put that aside. Let's look at the substance.

First of all, who gets to decide whether content fits into these highlighted categories? Do they actually think that the government will get to decide what counts as "otherwise objectionable"?
GOVERNMENT
Akiva Cohen
Akiva Cohen
@AkivaMCohen
Somebody asked me about this idiotic "PenceCard 2: Electric Boogaloo" article, and people, just stop worrying about this stuff.

The conspiracy wing of the GOP is going to keep pumping out these "Ten Neat Tricks to steal an election [number 8 will shock you!]" articles straight through the inauguration. (Yes - don't expect this to stop after the electoral votes are counted)

None of it is real. None of it has any legal basis. It's fantasy written by fantasists for coping MAGA-ites who find reality just too painful to accept. Ignore it.

This particular flavor of wishcasting was written by Ted Noel. Unless there are two "Ted Noel"s writing nonsense for the American Thinker, Noel is a doctor, not a lawyer or scholar, who nevertheless writes about legal issues

This actually makes me feel a bit better, because the thought that a *lawyer* could think that Pence had "plenary power" to discard state election certificates for any reason he chose is - even after watching Wood, Powell, Kaardal, and the rest - somehow too hard to contemplate
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Akiva Cohen
Akiva Cohen
@AkivaMCohen
The judge in this case has now issued an absolutely brutal smackdown that you'll enjoy reading. It comes complete with a well-earned threat of sanctions.


Here's the decision. Some highlights follow

Pretty sure I said this, using slightly different words!


Hey, @questauthority, it sounds like Judge Boasberg was about as pleased about the long "none of this matters but we want to say it anyway" section as we expected him to be


You CANNOT run into court claiming there's an emergency and you need an expedited schedule so you can be heard before 1/6 and then just not bother serving anyone for 12 days
FOR LATER READ

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Hugo Gye
Hugo Gye
@HugoGye
Jacob Rees-Mogg has admitted the Tory leadership coup looks like being delayed to December - after the 'meaningful vote' on the PM's Brexit deal.

Speaking on his @ConHome 'Moggcast': "Some people don't want a leadership vote now, they would like it when the meaningful vote comes up and think that is the time to put in letters."

JRM: "I think the strength of feeling against the meaningful vote is much stronger than the number of letters that has gone in. If there are letters in, very few of those letters will be withdrawn - so the hurdle is much lower when the meaningful vote comes."

He tells @ConHome the apparent failure of the coup could be a blessing in disguise: "In a way it is better that there has been this delay, though I can't pretend that there has been some cunning plan, because we have allowed time for people to see the failures of the policy."

Full report on the delayed coup from @NatashaC on @TheSun now:
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Trump on climate: I don't believe it. Trump on Khashoggi: I don't believe it. Trump on Russia: I don't believe it. Idiocy? A canny game? Doesn't really matter as much as the underlying intellectual autocracy. In this administration only one opinion matters.

It's an assault on facts and reason. It's an assault on good governance. It's an assault on the bureaucracies that are being discounted. It's an assault on science and history. But it is also an assault on one of the underpinnings of democracy.

We live in a system that is grounded on the idea of collaborative government. Leaders may have a final word but even then, there are typically checks and balances. Hopefully, in this case, such checks and balances may work. But they also are being tested.

The president's position that he is smarter than all the world's scientists, than the entire intelligence community, than experts who have studied any issue all their lives, is, of course, asinine. But his belief that government turns solely on his opinion, is monarchic.

Louis XIV reportedly said, "L'etat est moi." That he was the state. Trump asserting that he knows better than all, discounts all advice, that his brain is enough to chart the course for America alone, is essentially saying the same thing.
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Spies Like Us
Spies Like Us
@RealStealthSpy
THREAD: CCP vs US Military, on home soil.

1. I watched the Executive Orders and I watched the media panic. I watched the MSM lies and I watched the treason. I watched the fake Russia narrative. I watched the calls for impeachment. I watched a stolen election, in full view.
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Maajid \u0623\u0628\u0648 \u0639\u0645\u0651\u0627\u0631
Maajid أبو عمّار...
@MaajidNawaz
Much of Twitter is misunderstanding Bruce Castor’s speech at Trump’s impeachment trial because much of Twitter is absolutely NOT Bruce Castor’s audience.

This man is on it. He knows he only needs to keep *over 1/3 with him. Then more so, he needs the American nation on his side.

Honestly, Twitter misunderstanding what Bruce Castor is doing right now is like Twitter misunderstanding how Brexit & Trump won back then

“Why fear the people who were smart enough to pick you?” (*Listen*)

And yes, ditto for David Schoen. He knows who his audience is.

And he’s on target.

Two different audiences
1) Castor: public opinion
2) Schoen: the law

Oooooh, he held up the Red book. OUCH 😖😆
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Tim - Efficacious vs the Mutants\U0001f489 NO trampVE\U0001f3db\U0001f985
Tim - Efficacious vs t...
@tmstrickl_tim
"these people are not going to take it any longer..
do not want to see our election victory stolen by a bold and radical left Democrats.
We will never concede.. when there's theft involved...had enough. We will not take it anymore, and that is what this is all about."
1/

"We will not let them silence your voices. We're not going to let it happen.

Not going to let it happen.

CROWD: Fight for Trump. Fight for Trump. Fight for Trump. Fight for Trump. Fight for Trump. Fight for Trump.
TRUMP: Thank you."
2/

"those tens of thousands of people ..
..the military, the Secret Service and we want to thank you and law enforcement ..you're doing a great job..
..but I would love it if they could be allowed to come up with us. Is that possible? Can you just let them, please?"
3/

"if Mike Pence does the right thing, we win the election.
..he has the absolute right to do it..States want to revote, the states got defrauded..they want it back. All Vice President Pence has to do is send it back to the states to recertify, and we become president"
4/

"I actually I just spoke to Mike. I said, Mike, that doesn't take courage, what takes courage is to do nothing. That takes courage, and then we are stuck .. and we have to live with that for four more years. We're just not going to let that happen. "
5/
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श्राद्ध पक्ष में कौओं का बड़ा ही महत्व है। कहते है कौआ यम का प्रतीक है, यदि आपके हाथों दिया गया भोजन ग्रहण कर ले, तो ऐसा माना जाता है कि पितरों की कृपा आपके ऊपर है और वे आपसे ख़ुश है।


कुछ लोग कहते हैं की व्यक्ति मरकर सबसे पहले कौवे के रूप में जन्म लेता है और उसे खाना खिलाने से वह भोजन पितरों को मिलता है

शायद हम सबने अपने घर के किसी बड़े बुज़ुर्ग, किसी पंडित या ज्योतिषाचार्य से ये सुना होगा। वे अनगिनत किस्से सुनाएंगे, कहेंगे बड़े बुज़ुर्ग कह गए इसीलिए ऐसा करना

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हमारे ऋषि मुनि और पौराणिक काल में रहने वाले लोग मुर्ख नहीं थे! कभी सोचियेगा कौवों को पितृ पक्ष में खिलाई खीर हमारे पूर्वजों तक कैसे पहुंचेगी?

हमारे ऋषि मुनि विद्वान थे, वे जो बात करते या कहते थे उसके पीछे कोई न कोई वैज्ञानिक कारण छुपा होता था।

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एक बात जो कह सकते कि हम सब ने स्वतः उग आये पीपल या बरगद का पेड़/ पौधा किसी न किसी दीवार, पुरानी

इमारत, पर्वत या अट्टालिकाओं पर ज़रूर देखा होगा। देखा है न?

ज़रा सोचिये पीपल या बरगद की बीज कैसे पहुंचे होंगे वहाँ तक? इनके बीज इतने हल्के भी नहीं होते के हवा उन्हें उड़ाके ले जा सके।
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That first tweet captures, in two pictures, how badly Apple has “lost the plot” (to quote @wylieprof). On the right is the Apple MagSafe adapter, from 2013. On the left, what I had “upgraded” to.

Thanks, Apple! I really was nostalgic for worrying about yanking my computer off the table.

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