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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So Dominion sued Rudy for defamation. How are they ever going to allege actual malice?
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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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Seriously people. Executive orders mean exactly nothing to what Trump legally can or can't do to fuck with the election results (which is zero). Stop letting idiots make you crazy

There are two very simple, very basic reasons executive orders are meaningless here. Understand them, please

1) the president cannot issue an executive order that grants himself a power he does not already have. For example, the president could not issue an executive order saying that from now on he can make laws they don't need to pass Congress

(I mean, he could sign an executive order saying that, but it wouldn't have any legal effect)

2) the president can issue executive orders at any time.
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OK, let's start talking about the House's 80 page brief on impeachment. It really is an incredibly well-done piece of work. There are some things I'd do differently and some pieces I didn't love, but overall, it's very very good.

Again - this thread will happen in fits and starts. I'm swamped at work and this will come in 10-15 minute chunks as I take a break

Let's start by taking a look at the table of contents. After a 4-page intro (that's relatively long, don't love it), the brief spends a solid 30 pages walking through the facts underlying the impeachment - and, the subheadings tell us, tying in Trump's general refusal to accept


the election results with everything that followed. This is a strong rhetorical approach, but it comes with dangers: the President not only had a legal right to contest the election results, but the GOP Senators pretty much all backed that right, strongly.

It's going to be important to thread a needle of saying "this set the stage for what came after" without putting yourself in a place where you're trying to convince the Senate that the challenges themselves were impeachable. That won't fly
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So, quick rundown of the latest #Squidigation decision: It's very thorough; 36 pages of Judge Parker explaining that Powell and her merry band of fuckups lose for every conceivable reason


First: 11th Amendment Immunity. Basically, states (and their officials) have sovereign immunity; you can't sue them in Federal Court except to the extent that they agree to be sued there. Quick thumbnail of the doctrine here


There are only 3 exceptions to this: 1) Congress says "you can sue your state for this"; 2) the state agrees to be sued; 3) Younger, a case that said "you can sue your state if you are just seeking an order saying 'stop violating my rights'"

In other words, if the state passes a law that says "no talking politics in public" you can sue for an order saying "that's unconstitutional and can't be enforced" but not for damages from having your 1A rights violated in the past

I'm sure you can see where this is going: Exceptions 1 and 2 don't apply; Congress didn't say "no sovereign immunity" when it passed 42 USC 1983 (the civil rights statute the plaintiffs sued under) and Michigan hasn't waived it. That leave Younger as the only remaining option
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As usual is maddening how easy this is to understand and how much everyone refuses to understand it. There are two things happening here, and they aren't super hard to understand. There's the asshole administration and the asshole reporter.

The court said asshole administration revoked asshole Jim Acosta's press pass without due process. WH deemed him press, gave him a press pass, then they kicked him out without even being able to say who made the decision or on what grounds.

We want hostile, combative reporters. We **want** that. **You** want that. We want that because the press secretary of every single administration is a liar. Even the ones you like. Lying is their job. They show up to avoid answering, but give the appearance of being answerable.

It shouldn't be easy for government to just refuse to be answerable. It should be hard to dodge. Hard to kick people out. Hard to control the narrative. That shouldn't be easy for the gov't. Not even your most favoritest president.

You, the American citizen, want the truth. Reporters should be there to get it. That means asking questions doggedly, demanding answers. This is not an obscure idea. It should be obvious to anyone who's experienced having a president you didn't vote for. Super rare right?
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A brief thread on Jovan Hutton Pulitzer, the crazy con man who is now claiming to have hacked into the Georgia voting machines in Fulton County. 90s kids and tech aficionados might remember Jovan as the inventor of the CueCat, the dumbest gadget of all time.

Also, for anyone who wants to claim that Jovan Hutton Pulitzer (not his given name, but one he changed legally after the CueCat debacle) invented QR Codes: he did not. Like that other right-wing crazy man who claimed to have invented email, Jovan didn’t invent QR Codes.

He did invent the CueCat, a product that somehow raised $185 million dollars for a tethered barcode scanner for magazines and newspapers, so you could get ads from your ads. As I said, the dumbest product of all time. Good backup barcode scanners after they were hacked, however

Oh, that’s another thing. When CueCat was a thing, its systems were hacked. I guess that’s what makes Jovan a security expert. His bankrupt company from 20 years ago was hacked and widely mocked. He’s a genius.

In recent years, Jovan pivoted to being a treasure hunter who was featured on and widely mocked on Curse of Oak Island, because the man is insane.
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1/ Back in the mid-aughts, I was a Koufax Award-nominated political blogger (I don't know what Drezner was doing then; I first heard of him about a year ago). So I was into the blogosphere pretty deep, as I also ran a second high-traffic blog that was focused on the art world.

2/ The "blogosphere" was an outgrowth of MySpace and LiveJournal, inasmuch as in the heady early days of the internet people suddenly realized that they could engage in private diaristic writing—a very specific subgenre of writing—in the public square, and it was suddenly "okay."

3/ So the blogosphere as such had *nothing* to do with journalism, which needless to say was in a different state just 15 years ago (note: unlike Drezner, I also teach writing and journalism at the university level, so this thread is squarely "in my area," unlike his Post piece).

4/ The blogosphere was a manifestation of the transformation of the public-private binary at the dawn of the internet—and *also* connected to the "creative writing" explosion (what I did a PhD on); in the aughts, creative writing was the fastest-growing discipline *in the world*.
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OK, so there's a physical problem with our eyes: We move them in short fast bursts called "saccades", right? very quick, synchronized movements.
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having your vision turn into a blurry mess every time you move your eyes is obviously not a good idea, so our brains hide it from us. Now, imagine you're an engineer and you have this problem.

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