It takes 5 justices to hear this case, rather than the usual 4.
I'm still seeing a lot of concern about the Texas Supreme Court filing, which is understandable. From a certain angle, it looks imposing.
So here, in sum, is why there's no need for alarm (thread):
It takes 5 justices to hear this case, rather than the usual 4.
The TX case is something else entirely and could have been heard in lower courts (many have rejected similar claims).
First, The Constitution specifically gives each state the right to run its elections as it sees fit. Done and done.
The Court won't countenance that.
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The #TexasCase has them terrified.
— Major Patriot (@MajorPatriot) December 10, 2020
They are losing it.#CNN pic.twitter.com/FtdWKIXBlB
VA curfew
#BREAKING: Virginia will implement a statewide curfew from midnight to 5 a.m. starting on Dec. 14. Here's what else is changing for Virginians.https://t.co/cH4jdCOZgt
— WUSA9 (@wusa9) December 10, 2020
Sen. Grassley - Biden family investigated, potential financial crimes WW including China
Warning
— Dan Scavino\U0001f1fa\U0001f1f8\U0001f985 (@DanScavino) December 11, 2020
March

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).
To the extent that precedents matter in this trial, when hearsay has been challenged in past trials, it's been admitted if it's probative. And it's been noted that senators aren't *regular* jurors, but rather people of learning who can figure on their own how to weigh evidence.
— Ira Goldman \U0001f986\U0001f986\U0001f986 (@KDbyProxy) January 24, 2020
law stuff & will know what they can & can't consider. For instance, there is a long-held rule that a fact witness can't make legal arguments, only a lawyer. So what will happen in a motion for summary judgment, where the entire proceeding is on paper, will play out like this:
1) Defendant makes a motion for summary judgment. It includes a sworn declaration from some fact witness.
2) The declaration includes all sorts of legal arguments about why the defendant should win. Often the declaration includes arguments the brief didn't even make.
Defendants (especially DOJ-represented ones) often do this to get around the word or page-limits placed on briefs.
3) Plaintiff moves to strike the declaration for its inclusion of inadmissible legal arguments.
4) Judge denies the motion to strike, on the grounds that a ...
judge is a sophisticated consumer of evidence & can choose what to consider & what to ignore, unlike a jury.
The legal fiction behind this impeachment exception is that Senators are also smart enough to know what to listen to & what to ignore. Now, that may not be ACCURATE, ...