Moore v Harper sets the State Legislature of North Carolina against its own State Supreme Court and its Constitution on the ridiculous proposition that Article 1.4 of the US Constitution grants exclusive jurisdiction to State Legislatures to the exclusion of its own State Constitution or its Supreme Court when Congress has failed to act under Article 1.4 to determine times, places and manner. of elections.
Listening to the Supreme Court hearing made me realize how imperative it is to pass H.R. 5746 this week in the U.S Senate to remove any chance that our Justices would revoke 233 years of precedence on this bizarre interpretation of the meaning of the election clause and grant essentially unlimited power to State Legislatures to call the shots on its own elections.
So here is a teach in for those who haven't followed HR 5746 or how the Supreme Court has been stripping Congress of its authority granted under Article 1.4, AND the 14th, 15th, 19th and other voting rights amendments and deferring to State Legislatures since 2010 under the Roberts' Court:
----------
In January the Senators filibustered H.R. 5746, The Freedom to Vote: John R. Lewis Voting Rights Act, thus preventing the Senate from exercising its authority under Article 1.4 to debate and then vote on a uniform federal election law. Under a rule of the Senate and not under the Constitution, a super majority of 60 votes is needed for the Senate to pass most legislation, even though the Congress is empowered to pass legislation under Article 1.4, the 14th and 15th Amendments without reference to any super majority filibuster rule. Thus California with 39m population has 2 Senators and the 5 least populous states have a total of 3.5m voters and 10 Senators plus the filibuster.
When it comes to passing voting rights, isn’t it ironic that voting rights advocates are asking the Senate to pass a uniform election code for voting to ensure 1 person 1 vote and every vote counted, yet the Senate itself does not have 1 Senator 1 vote.
Next: consider the role of the Supreme Court in ruling against Congress’ exercise of its powers under Articles 1.4, the 14th and 15th and subsequent voting right Amendments.
The Supreme Court has stated that unless Congress enacts specific election laws, times, places and manner of voting shall be determined by individual state legislatures.
Congress has the power to set uniform national standards for times, places and manner of voting under the Constitution of the United States of America. Article 1.4 grants to each State Legislature the power to set the times, places and manner of holding elections for US Senators and Representatives, “but the Congress may at any time by law make or alter such regulations.....”
Congress enacted and then amended 8 times, the Voting Rights Act of 1965 so that: “No voting qualification or prerequisite to voting, or standard, practice, or procedure, shall be imposed or applied by any State or political subdivision to deny or abridge the right of any citizen of the United States to vote on account of race or color” which purposes were subsequently expanded to include discrimination based on national origin, disabilities, etc.
The VRA’s greatest early impact was in its pre-clearance requirement for Federal Court or Justice Department approval before jurisdictions that had historically discriminated could change voting rules, processes, or procedures. One result: By 1969, Mississippi’s Black voter registration rate increased to 59% from 6%.
Nonetheless the US Supreme Court has been gutting and continues to gut the Voting Rights Act of 1965:
● Citizens United v FEC (2010) removed Federal campaign restrictions on Corporations and Unions, unleashing unlimited and undisclosed (foreign) money into politics
● Shelby County v Holder (2013) held that the pre-clearance formula is unconstitutional. Impact: 1688 polling places closed in previously covered States; 30 million voters purged from voting rolls, restrictive voting laws such as strict voter ID laws enacted in at least 19 states:
● Rucho v Common Cause (2019) ruled that state laws permitting partisan (not racial) gerrymandering are “beyond the reach of the federal courts.”
● Brnovich v DNC (2021) upheld an Arizona law to stop people from collecting ballots to deliver to precincts, which disproportionately impacted indigenous peoples; and to stop counting ballots from people who voted in the wrong precinct.
● Northeast Ohio Coalition for the Homeless (NEOCH) v. Husted (2016): by not granting certiorari upheld Ohio’s perfection rule allowing insignificant errors on the outside envelope of a provisional ballot to disqualify the vote of a properly registered voter - one was a blind 84 year old voter prohibited from voting, clearly a denial of the right to vote in contravention of the rights of disabled voters to be able to vote.
Thus State Legislatures have gained significant power after the Supreme Court overruled federal oversight of State and Local jurisdictions enacted under Article 1.4 and the 14th and subsequent voting related Amendments.
In January the House passed H.R.5746 – a federal uniform set of laws to ensure inter alia:
● uniform laws setting times, places and manner of voting:
● paper ballots for all voters to ensure post-election audits and accuracy;
● preventing the horrific 3 hours in line to vote in Georgia just on Friday by reducing to a maximum of 30 minutes the waiting time in line to vote, early voting, no excuse vote by mail,
● franking of the vote-by-mail envelope,
● adequate funding to the States to implement the mandates of H.R. 5746,
● a national holiday for election day,
● nonpartisan independent redistricting commissions in every state,
● no foreign money in our elections through clean money provisions,
● the Native American Voting Rights Act and reinstating the preclearance provisions of the John R Lewis Act with defined standards thus ending the impacts of Shelby, Rucho, NEOCH and Brnovich.
In this October 2022 Term the US Supreme Court has taken up 2 significant voting rights cases which likely will further result in its evisceration of the Voting Rights Act of 1965 ("VRA") and grant even more power to state legislatures.
Moore v Harper : By June 2023 SCOTUS is likely to grant North Carolina’s state legislature (and other states) power under Article 1.4 to determine times place and manners of elections even if held unconstitutional under the terms of North Carolina’s State Constitution, making state legislatures superior to the oversight of their State Supreme Courts.
Merrill v Mulligan : The Court is likely to support Alabama’s position that racial consideration in redistricting is impermissible, notwithstanding that eliminating the impact of racial segregation is an underlying purpose of the VRA. Keep in mind that the Roberts’ Court had no problem finding political gerrymandering by state legislatures to be constitutional in Rucho because it is not up to the Supreme Court to question the political decisions of an equal branch of government.
H.R. 5746 will not be re-enacted by the new House of Representatives on January 2023.
To protect the right to vote it is imperative to end the filibuster of H.R. 5746 this week: debate and vote on the Freedom to Vote: John R Lewis Voting Rights Act.
The action here in Germany against the Reichsbürger group was necessary. They were planning a coup, but the deciding factor was that there were ex-military amongst them and weapons (which is not a right like in the US, it is strictly regulated). In the interviews yesterday the radicalisation in the darknet was mentioned and there of course are also the January 6th conspiracy thinkers. This morning the Bundeskriminalamt (FBI like) said they expected to make more arrests. It is a direct and also psychological blow to the alt right scene.
A direct observation from Glynn County GA to answer the question: how people are "stunned that 1.8 million Georgians would vote for someone as manifestly unqualified as Herschel Walker:"
I serve as the Poll Manager of the second largest precinct in Glynn County. The largest precinct by just a small margin sits just to the north of my precinct. Both precincts set day of and I believe early voting records. Total voting in the two precincts by percentage of registered voters dwarfed turnout in the rest of the county. Here is my opinion that may help to answer the question above:
The two precincts are on St. Simons Island. My precinct also includes the gated and guard secured exclusive residencies and resort facilities on Sea Island. Saint Simons and Sea Island registered "full time" residents are: mostly white, older, well off to super rich, and I would guess not prone to vote, under other circumstances, for a person of color. The day of voting (1476), smashed through the old record for day of voting in an election at that precinct. The final tally at the end of the night favored Walker with almost 75% of the vote.
We will leave it to the Social and Political Scientists to confirm my opinion. Most of those 1.8 million voters for Walker voted for a way of life they believe is slipping from their grasp. They voted against Rev. Warnock and what they believe he represents, and the perceived threat Rev. Warnock and his party pose to their collective beliefs. They voted for Walker trusting that he would vote consistently for the conservative right agenda. Walker was clearly unqualified for the position but for the belief that he would toe the party line.
I agree with Robert. The 90K+ victory by Rev. Warnock was impressive measured against voting history in the state of Georgia. I live in Georgia not by choice but to be near my daughter, son-in-law, (both here for their careers) and two beautiful grandsons. The progress toward a balanced and inclusive election process is a work in progress in its early stages. But Tuesday was another signal that Georgia is headed in what I view is the right direction. I stay optimistic that my grandsons if they elect to remain in Georgia as adults will have a better, read that, more inclusive state in which to live.
I wish I had been taught history the way Professor Snyder is teaching his Yale students! I'm learning so much about what history really is and how to see history from many perspectives. I plan to absorb the entire course - 23 one hour lectures. I think this is going to totally transform how I look at history and also how to look at the future.
Thanks for lifting up Stacey Abrams. She has done so much of the heavy lifting to turn Georgia blue. I hope she gets an award and due recognition from the Democratic Party for her incredible efforts. She has been able to mobilise and motivate many who had given up of ever seeing change.
Well, you packed a lot in tonight and I appreciate you explaining all of the ramifications about Moore. I read a couple of the articles you mentioned and was astounded that Barrett sounded “normal”. Neal Katyal is no one you want to mess around with. He is well prepared and well-seasoned. I guess I am skeptical of Barrett and not happy that she and Kavanaugh want a compromise. What do you suppose that compromise will entail? I say no to that nonsense! The fact that Clarence Thomas did not recuse himself from this case is infuriating. I have such disdain for him, his wife, and the illegitimate justices.
Justice Robert’s proposed comprise shows his weakness. Compromise between two parties with opposite but valid arguments is an appropriate in a Democracy. If one party is pushing an invalid argument then it’s not compromise but weakness and appeasement.
The planned insurrection in Germany is a great example of the intolerance a Democracy should demonstrate when special interests try to subvert the will of the people. One last note. We may not have a Democracy without Stacey Abrams! God bless her and all of you!
We, as a nation, owe Stacey Abrams sincere gratitude for her tireless efforts on behalf of voter rights and getting out the vote. I fear that without her efforts that the makeup of the US Senate would be very different. Thank you Stacey Abrams.
I live in NC and we are very much a gerrymandered state. In Moore, North Carolina Republicans aim to restore a redistricting map drawn by the GOP-led legislature but rejected as violating the state constitution by North Carolina’s supreme court. The map they proposed would give Republicans a 60-40 advantage and once it was rejected they decided to put forth this case. NC Republicans believe that they will be in power for a long time and don’t have to worry about what the voters want. NC like several Southern States is changing as new companies are coming into the state bringing high paying jobs and combined with great weather a great environment for growth. The population. Is growing and so is the number of well educated voters.
A closing note on how people are "stunned that 1.8 million Georgians would vote for someone as manifestly unqualified as Herschel Walker:" A Twitter person noted that Georgia is a big football state, and for fan-atics, "former football star" might be all they need to know. Yes, sad.
The German QAnon group are the posterkinder for Alt-Right extremists, worldwide. It was a deft and timely action by Bundeskriminalamt that has thrown the extremists off kilter. Similar action by the FBI, with the legal backing of Judge Smith's team, would be equally timely.
Mine may be a minority view, but I would not be at all surprised if Justice Barrett slowly, carefully and steadily throws in her lot with the three "non-reactionary" justices. There is a thoughtfulness about her, not always translated into action, but there nonetheless, that allows for the presence of reason in the finality of a ruling. Then, too, there is, PERHAPS, the realization that Dobbs was a disaster for the Supreme Court.
1). As long as chump draws breath, he will work to destroy the country he vowed to protect; 2) Bannon’s travels to Europe (and SA if memory serves) were not wasted efforts; 3). GA was almost as good as Tx and Fl in their voter suppression efforts, ALMOST; 4). The SC has been bought, it needs updating, desperately; 5). The republicans drive a stake into the heart of the party of Abe every hour of every day. They killed it, but continue to mutilate the body
If I were appearing for the North Carolina Supreme Court, I would have argued that the Elections Clause is irrelevant. Gerrymandering has nothing to do with the time, place or manner of holding an election. The time is Election Day (until the 1960s, Maine voted for federal offices in October, hence the often-erroneous saying, “As Maine goes, so goes the nation”). The place is the location of polling places. And the manner is by secret ballot. Certiorari was improvidently granted, to use a phrase beloved of Justice Frankfurter. End of story.
In re: Trump, he can be safely counted out when he is dead, not before. That said, prison, although not apparently a legal barrier to candidacy, is a substantial practical barrier and it is incumbent on Messrs. Smith and Garland to move expeditiously to achieve that goal; their path has been eased by the recent statements and actions of the disgraced, defeated, former president and indictments would be a wonderful holiday gift to the nation.
Thank you for noting Congressional responsibility in resolving the whole furshlugginer mess surrounding elections. A greater barrier than the filibuster, however, is the need for all 535 members to behave as responsible citizen legislators rather than full time political clickbaiters. If Congress were to set minimum standards for eligibility (everyone over 18), district outlines (equal population and geographical proximity), and hours (7AM to 7PM), allowing states to increase the availability of voting but not limit anything, that would go a long way toward resolving one of the major issues we confront as a nation. The shocking nature of such an event of nonpartisan statespersonship, however, might be too much for some of the gerontocracy to handle.
Trump viability? Possible. But wait...he's getting older. I am surprised with all of the pressures of his world he does not collapse.
Health question: Remember when he trouble lifting a glass of water and had trouble walking right after that. Is it possible he had a TIA? (TIA is a mini stroke). While others question other candidates age and mental capacity no one seems to zero in on his real health. (Yes...most of us on this blog believe he's certifiably nuts).
Moore v Harper sets the State Legislature of North Carolina against its own State Supreme Court and its Constitution on the ridiculous proposition that Article 1.4 of the US Constitution grants exclusive jurisdiction to State Legislatures to the exclusion of its own State Constitution or its Supreme Court when Congress has failed to act under Article 1.4 to determine times, places and manner. of elections.
Listening to the Supreme Court hearing made me realize how imperative it is to pass H.R. 5746 this week in the U.S Senate to remove any chance that our Justices would revoke 233 years of precedence on this bizarre interpretation of the meaning of the election clause and grant essentially unlimited power to State Legislatures to call the shots on its own elections.
So here is a teach in for those who haven't followed HR 5746 or how the Supreme Court has been stripping Congress of its authority granted under Article 1.4, AND the 14th, 15th, 19th and other voting rights amendments and deferring to State Legislatures since 2010 under the Roberts' Court:
----------
In January the Senators filibustered H.R. 5746, The Freedom to Vote: John R. Lewis Voting Rights Act, thus preventing the Senate from exercising its authority under Article 1.4 to debate and then vote on a uniform federal election law. Under a rule of the Senate and not under the Constitution, a super majority of 60 votes is needed for the Senate to pass most legislation, even though the Congress is empowered to pass legislation under Article 1.4, the 14th and 15th Amendments without reference to any super majority filibuster rule. Thus California with 39m population has 2 Senators and the 5 least populous states have a total of 3.5m voters and 10 Senators plus the filibuster.
When it comes to passing voting rights, isn’t it ironic that voting rights advocates are asking the Senate to pass a uniform election code for voting to ensure 1 person 1 vote and every vote counted, yet the Senate itself does not have 1 Senator 1 vote.
Next: consider the role of the Supreme Court in ruling against Congress’ exercise of its powers under Articles 1.4, the 14th and 15th and subsequent voting right Amendments.
The Supreme Court has stated that unless Congress enacts specific election laws, times, places and manner of voting shall be determined by individual state legislatures.
Congress has the power to set uniform national standards for times, places and manner of voting under the Constitution of the United States of America. Article 1.4 grants to each State Legislature the power to set the times, places and manner of holding elections for US Senators and Representatives, “but the Congress may at any time by law make or alter such regulations.....”
Congress enacted and then amended 8 times, the Voting Rights Act of 1965 so that: “No voting qualification or prerequisite to voting, or standard, practice, or procedure, shall be imposed or applied by any State or political subdivision to deny or abridge the right of any citizen of the United States to vote on account of race or color” which purposes were subsequently expanded to include discrimination based on national origin, disabilities, etc.
The VRA’s greatest early impact was in its pre-clearance requirement for Federal Court or Justice Department approval before jurisdictions that had historically discriminated could change voting rules, processes, or procedures. One result: By 1969, Mississippi’s Black voter registration rate increased to 59% from 6%.
Nonetheless the US Supreme Court has been gutting and continues to gut the Voting Rights Act of 1965:
● Citizens United v FEC (2010) removed Federal campaign restrictions on Corporations and Unions, unleashing unlimited and undisclosed (foreign) money into politics
● Shelby County v Holder (2013) held that the pre-clearance formula is unconstitutional. Impact: 1688 polling places closed in previously covered States; 30 million voters purged from voting rolls, restrictive voting laws such as strict voter ID laws enacted in at least 19 states:
● Rucho v Common Cause (2019) ruled that state laws permitting partisan (not racial) gerrymandering are “beyond the reach of the federal courts.”
● Brnovich v DNC (2021) upheld an Arizona law to stop people from collecting ballots to deliver to precincts, which disproportionately impacted indigenous peoples; and to stop counting ballots from people who voted in the wrong precinct.
● Northeast Ohio Coalition for the Homeless (NEOCH) v. Husted (2016): by not granting certiorari upheld Ohio’s perfection rule allowing insignificant errors on the outside envelope of a provisional ballot to disqualify the vote of a properly registered voter - one was a blind 84 year old voter prohibited from voting, clearly a denial of the right to vote in contravention of the rights of disabled voters to be able to vote.
Thus State Legislatures have gained significant power after the Supreme Court overruled federal oversight of State and Local jurisdictions enacted under Article 1.4 and the 14th and subsequent voting related Amendments.
In January the House passed H.R.5746 – a federal uniform set of laws to ensure inter alia:
● uniform laws setting times, places and manner of voting:
● paper ballots for all voters to ensure post-election audits and accuracy;
● preventing the horrific 3 hours in line to vote in Georgia just on Friday by reducing to a maximum of 30 minutes the waiting time in line to vote, early voting, no excuse vote by mail,
● franking of the vote-by-mail envelope,
● adequate funding to the States to implement the mandates of H.R. 5746,
● a national holiday for election day,
● nonpartisan independent redistricting commissions in every state,
● no foreign money in our elections through clean money provisions,
● the Native American Voting Rights Act and reinstating the preclearance provisions of the John R Lewis Act with defined standards thus ending the impacts of Shelby, Rucho, NEOCH and Brnovich.
In this October 2022 Term the US Supreme Court has taken up 2 significant voting rights cases which likely will further result in its evisceration of the Voting Rights Act of 1965 ("VRA") and grant even more power to state legislatures.
Moore v Harper : By June 2023 SCOTUS is likely to grant North Carolina’s state legislature (and other states) power under Article 1.4 to determine times place and manners of elections even if held unconstitutional under the terms of North Carolina’s State Constitution, making state legislatures superior to the oversight of their State Supreme Courts.
Merrill v Mulligan : The Court is likely to support Alabama’s position that racial consideration in redistricting is impermissible, notwithstanding that eliminating the impact of racial segregation is an underlying purpose of the VRA. Keep in mind that the Roberts’ Court had no problem finding political gerrymandering by state legislatures to be constitutional in Rucho because it is not up to the Supreme Court to question the political decisions of an equal branch of government.
H.R. 5746 will not be re-enacted by the new House of Representatives on January 2023.
To protect the right to vote it is imperative to end the filibuster of H.R. 5746 this week: debate and vote on the Freedom to Vote: John R Lewis Voting Rights Act.
Alice Schaffer Smith
Executive Director
National Voter Corps
850 Webster Street #520
Palo Alto, CA 94301
www.nationalvotercorps.org
a non profit project under the Social Good Fund
The action here in Germany against the Reichsbürger group was necessary. They were planning a coup, but the deciding factor was that there were ex-military amongst them and weapons (which is not a right like in the US, it is strictly regulated). In the interviews yesterday the radicalisation in the darknet was mentioned and there of course are also the January 6th conspiracy thinkers. This morning the Bundeskriminalamt (FBI like) said they expected to make more arrests. It is a direct and also psychological blow to the alt right scene.
A direct observation from Glynn County GA to answer the question: how people are "stunned that 1.8 million Georgians would vote for someone as manifestly unqualified as Herschel Walker:"
I serve as the Poll Manager of the second largest precinct in Glynn County. The largest precinct by just a small margin sits just to the north of my precinct. Both precincts set day of and I believe early voting records. Total voting in the two precincts by percentage of registered voters dwarfed turnout in the rest of the county. Here is my opinion that may help to answer the question above:
The two precincts are on St. Simons Island. My precinct also includes the gated and guard secured exclusive residencies and resort facilities on Sea Island. Saint Simons and Sea Island registered "full time" residents are: mostly white, older, well off to super rich, and I would guess not prone to vote, under other circumstances, for a person of color. The day of voting (1476), smashed through the old record for day of voting in an election at that precinct. The final tally at the end of the night favored Walker with almost 75% of the vote.
We will leave it to the Social and Political Scientists to confirm my opinion. Most of those 1.8 million voters for Walker voted for a way of life they believe is slipping from their grasp. They voted against Rev. Warnock and what they believe he represents, and the perceived threat Rev. Warnock and his party pose to their collective beliefs. They voted for Walker trusting that he would vote consistently for the conservative right agenda. Walker was clearly unqualified for the position but for the belief that he would toe the party line.
I agree with Robert. The 90K+ victory by Rev. Warnock was impressive measured against voting history in the state of Georgia. I live in Georgia not by choice but to be near my daughter, son-in-law, (both here for their careers) and two beautiful grandsons. The progress toward a balanced and inclusive election process is a work in progress in its early stages. But Tuesday was another signal that Georgia is headed in what I view is the right direction. I stay optimistic that my grandsons if they elect to remain in Georgia as adults will have a better, read that, more inclusive state in which to live.
Professor Tim Snyder ("On Tyranny" author) of Yale University has released the lectures for his new course "The Making of Ukraine".
Videos: https://www.youtube.com/playlist?list=PLh9mgdi4rNewfxO7LhBoz_1Mx1MaO6sw_
Podcasts: https://podcasts.apple.com/us/podcast/the-making-of-modern-ukraine/id1653131950?utm_
I wish I had been taught history the way Professor Snyder is teaching his Yale students! I'm learning so much about what history really is and how to see history from many perspectives. I plan to absorb the entire course - 23 one hour lectures. I think this is going to totally transform how I look at history and also how to look at the future.
Thanks for lifting up Stacey Abrams. She has done so much of the heavy lifting to turn Georgia blue. I hope she gets an award and due recognition from the Democratic Party for her incredible efforts. She has been able to mobilise and motivate many who had given up of ever seeing change.
Well, you packed a lot in tonight and I appreciate you explaining all of the ramifications about Moore. I read a couple of the articles you mentioned and was astounded that Barrett sounded “normal”. Neal Katyal is no one you want to mess around with. He is well prepared and well-seasoned. I guess I am skeptical of Barrett and not happy that she and Kavanaugh want a compromise. What do you suppose that compromise will entail? I say no to that nonsense! The fact that Clarence Thomas did not recuse himself from this case is infuriating. I have such disdain for him, his wife, and the illegitimate justices.
Justice Robert’s proposed comprise shows his weakness. Compromise between two parties with opposite but valid arguments is an appropriate in a Democracy. If one party is pushing an invalid argument then it’s not compromise but weakness and appeasement.
The planned insurrection in Germany is a great example of the intolerance a Democracy should demonstrate when special interests try to subvert the will of the people. One last note. We may not have a Democracy without Stacey Abrams! God bless her and all of you!
On TV last night, Adam Shiff agreed with you that Garland had dawdled in gathering
relevant documents on January 6.
We, as a nation, owe Stacey Abrams sincere gratitude for her tireless efforts on behalf of voter rights and getting out the vote. I fear that without her efforts that the makeup of the US Senate would be very different. Thank you Stacey Abrams.
I live in NC and we are very much a gerrymandered state. In Moore, North Carolina Republicans aim to restore a redistricting map drawn by the GOP-led legislature but rejected as violating the state constitution by North Carolina’s supreme court. The map they proposed would give Republicans a 60-40 advantage and once it was rejected they decided to put forth this case. NC Republicans believe that they will be in power for a long time and don’t have to worry about what the voters want. NC like several Southern States is changing as new companies are coming into the state bringing high paying jobs and combined with great weather a great environment for growth. The population. Is growing and so is the number of well educated voters.
A closing note on how people are "stunned that 1.8 million Georgians would vote for someone as manifestly unqualified as Herschel Walker:" A Twitter person noted that Georgia is a big football state, and for fan-atics, "former football star" might be all they need to know. Yes, sad.
The German QAnon group are the posterkinder for Alt-Right extremists, worldwide. It was a deft and timely action by Bundeskriminalamt that has thrown the extremists off kilter. Similar action by the FBI, with the legal backing of Judge Smith's team, would be equally timely.
Mine may be a minority view, but I would not be at all surprised if Justice Barrett slowly, carefully and steadily throws in her lot with the three "non-reactionary" justices. There is a thoughtfulness about her, not always translated into action, but there nonetheless, that allows for the presence of reason in the finality of a ruling. Then, too, there is, PERHAPS, the realization that Dobbs was a disaster for the Supreme Court.
1). As long as chump draws breath, he will work to destroy the country he vowed to protect; 2) Bannon’s travels to Europe (and SA if memory serves) were not wasted efforts; 3). GA was almost as good as Tx and Fl in their voter suppression efforts, ALMOST; 4). The SC has been bought, it needs updating, desperately; 5). The republicans drive a stake into the heart of the party of Abe every hour of every day. They killed it, but continue to mutilate the body
If I were appearing for the North Carolina Supreme Court, I would have argued that the Elections Clause is irrelevant. Gerrymandering has nothing to do with the time, place or manner of holding an election. The time is Election Day (until the 1960s, Maine voted for federal offices in October, hence the often-erroneous saying, “As Maine goes, so goes the nation”). The place is the location of polling places. And the manner is by secret ballot. Certiorari was improvidently granted, to use a phrase beloved of Justice Frankfurter. End of story.
In re: Trump, he can be safely counted out when he is dead, not before. That said, prison, although not apparently a legal barrier to candidacy, is a substantial practical barrier and it is incumbent on Messrs. Smith and Garland to move expeditiously to achieve that goal; their path has been eased by the recent statements and actions of the disgraced, defeated, former president and indictments would be a wonderful holiday gift to the nation.
Thank you for noting Congressional responsibility in resolving the whole furshlugginer mess surrounding elections. A greater barrier than the filibuster, however, is the need for all 535 members to behave as responsible citizen legislators rather than full time political clickbaiters. If Congress were to set minimum standards for eligibility (everyone over 18), district outlines (equal population and geographical proximity), and hours (7AM to 7PM), allowing states to increase the availability of voting but not limit anything, that would go a long way toward resolving one of the major issues we confront as a nation. The shocking nature of such an event of nonpartisan statespersonship, however, might be too much for some of the gerontocracy to handle.
Trump viability? Possible. But wait...he's getting older. I am surprised with all of the pressures of his world he does not collapse.
Health question: Remember when he trouble lifting a glass of water and had trouble walking right after that. Is it possible he had a TIA? (TIA is a mini stroke). While others question other candidates age and mental capacity no one seems to zero in on his real health. (Yes...most of us on this blog believe he's certifiably nuts).