CERTIFYING FAKE ELECTORS I DIDN'T KNOW SO WELL. ON AND ON IT GOES, DOWN AND DOWN I GO'
The thing about the independent state legislatures theory is that the U.S. Supreme Court has rejected it. That means it is not just making a comeback with Moore v. Harper and the current residents of the Supreme Court building.
For one thing, the theory has never been adopted by the full Court, it's true, and for another thing, the theory has only surfaced in concurring opinions that have never been accepted by the full Court, it's also true. See "The North Carolina Legislature" Isn't On the Docket, published here on Sunday, July 24, 2022, https://claimsissues.typepad.com/insurance_claims_and_issu/2022/07/the-north-carolina-legislature-isnt-on-the-docket-.html.
However, something that has to be clearly understood or nothing wonderful can come of our story, as Dickens wrote about Marley's death in A Christmas Story, is that in this case, the thing that must be clearly understood at the beginning of our story is that the independent state legislatures theory has surfaced in the case law in the past. It has always lost before now.
Parties have raised it, and lost raising it. The U.S. Supreme Court has rejected the theory. It's an unconstitutional theory, leading losers to hope that some State legislatures would certify fake electors in the 2020 Presidential Election, although no State ever did.
Past decisions in which parties have raised the theory, and lost because they raised the theory, are the subject of a future article that will be posted on Claims and Bad Faith Law Blog. A copy of the article will be posted here as well.
But until then, it must be perfectly understood that the independent state legislatures theory has surfaced in the case law before – and the U.S. Supreme Court has rejected it before.
Please read the disclaimer. ©2022 Dennis J. Wall. All rights reserved.
Comments