The Soapbox

Los Angeles Hoo

Joined: 03/05/2014 Posts: 19777
Likes: 30433


States can certify their elections, but Congress has the final say over...


...whether those certifications are accepted.

At the state level, the power to set the rules for elections is Constitutionally vested in the legislature, not courts or the executive branch. In 2020, the legislatures' powers were illegally and unconstitutionally overridden by rogue courts and executive branch officials as duly passed election laws were violated all over the place, which is why the results were contested because the results were void on their face, not to mention unreliable. The election contests in Congress would not have declared Trump president, nor did he or anyone else ever claim that.

The contests were instead designed to send the certified results back to the state legislatures to review and either certify as valid or replace with an alternative slate of electors appointed by them or just to say that the certified results were void and should not be counted by Congress. This process would have been a colossal shitshow, but it was a colossal shitshow catalyzed by the Dems' lawbreaking, not the Reps pointing out the lawbreaking. Of course, the outcome we have in lieu of the state legislatures taking control back then is a current president who is rightfully viewed by around half the country as illegitimately installed in office, and that is also a colossal shitshow, as it is extremely important to have widespread belief in the legitimacy of our elections. (And, yes, I understand that Trump would have been viewed as illegitimately installed in office by half the country had his contests prevailed just as Dems view W. Bush as illegitimately installed in office by SCOTUS.)

I agree with you in principle on the abortion thing, but only because there is no good way to do it. To me, it is perhaps the most difficult difficult question to answer. Regardless of whether "most Americans" supported Roe (and I don't concede that point, but whatever), it was still bad Constitutional law, so it should have been overturned not only for the sake of abortion, but more importantly for the sake of all Supreme Court precedent on all issues. We simply can't have the court 1) creating rights out of thin air and 2) overriding the citizens' rights to self-determination. If most Americans truly support the tenets of Roe, then that will get reflected in state law, which is as it should be. But no solution will be perfect.

(In response to this post by HoodatB)

Posted: 04/09/2024 at 2:20PM



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