Re:Elon Musk moves to Texas
by dragonwriter on Friday December 11, 2020 @06:51PM
(#25393362)
> Standing might certainly a reason why Texas can’t sue Pennsylvania in this case,
It is.
> but you’ve neatly avoided addressing the underlying argument that they are making that the election rules were not changed by the legislature in these states and those actions are unconstitutional.
The reason why that is false is well-argued in some of the briefs for the defendant states in Texas just-failed lawsuit, but, in summary: State legislatures are constitutionally free to, as part of the rules they set for elections of Presidential electors, submit those same rules to the same judicial and executive constraints otherwise applicable to state law including those applicable to state elections, the defendant states (and most other states, including those suing) routinely do so and specifically have done so for the rules applicable in this case, and the rules for the elections were all handled according to state law (including the role that state law affords judicial and executive officers in its application).
It is.
> but you’ve neatly avoided addressing the underlying argument that they are making that the election rules were not changed by the legislature in these states and those actions are unconstitutional.
The reason why that is false is well-argued in some of the briefs for the defendant states in Texas just-failed lawsuit, but, in summary: State legislatures are constitutionally free to, as part of the rules they set for elections of Presidential electors, submit those same rules to the same judicial and executive constraints otherwise applicable to state law including those applicable to state elections, the defendant states (and most other states, including those suing) routinely do so and specifically have done so for the rules applicable in this case, and the rules for the elections were all handled according to state law (including the role that state law affords judicial and executive officers in its application).