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Fred Silverman's avatar

Hi Jim, sorry I missed Sunday's zoom - was a poll watcher all day. Great post. I share your view that this is his undoing - that the Trump/Nazi rally was a step too far for too many and the democrats will win. I also share your concern about the Court and as we discussed, the reason the court did what they did in 2000 was everyone deferred to them - they had authority back then. That authority has eroded considerably in recent years. I am sure they want to intervene but I am guardedly optimistic that much like the rally on Sunday was a bridge too far, so too might their attempt at overthrowing the popular will of the people and knowing it would throw the country into full civil war.

But having said that, the Republicans in PA and other states have already set up several potential cases for the court to take that could give them the opportunity. One or more will likely deal with the Independent Legislature Theory which is a made up thing that surfaced with Bush v Gore. It says only the Legislature can make decisions about elections. When the Fl Supreme Ct asked that certain ballots be hand counted, the Florida Legislature said that if they did like the final count, they would send their own set of electors to Washington - the point became moot when SCOTUS decided Bush would be president. But in response to one of the decisions in 2020, Kavanaugh raised the theory and it is a clear it is on their minds. It should also be noted that in addition to the Chief Justice, two other members of the Court were part of the Bush legal team leading to Bush v Gore.

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Don A in Pennsultucky's avatar

The lawyers on both sides are gearing up. The Harris campaign has raised a buttload of money and can pay their lawyers. On the other side, Alina is going to be really busy. And aside from the Thomas/Alito block in SCOTUS, there are a lot of judges in the courts where the actions will need to be filed who are still aligned with the rule of law. All of which will make the steal a lot more difficult to pull off. Johnson will do his best but it is my hope that he will no longer be Speaker after January 3, 2025.

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