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James Woodcock
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Joined: 21 September 2007
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Posted: 27 July 2020 at 12:32pm | IP Logged | 1 post reply

See, this is where the UK works for me. Have an election.
Day after- new government.

No 100 days to sabotage everything, just get out
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Peter Martin
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Posted: 27 July 2020 at 1:34pm | IP Logged | 2 post reply

Won't happen.  Constitutional law.  The Supreme Court cannot decide the election, only the electors can.  And they MUST abide by the will of the people.
------------------------------
Is this right though?

First, how can you have a faithless elector if the elector must abide by the will of the people?

Or in the 1872 election, the people cast their votes. Then a candidate died. And the electors just did as they felt. No need to abide by the will of the people there.

Second, when George W Bush got the presidency following the 2000 election, the ballot was "too-close-to-call". No one definitively knew which way the people had voted. What followed was a scramble and the ground rules for that scramble, to decide which votes were recounted or not recounted, or discarded or not discarded, were governed by state legislators and/or the Supreme Court. When the Supreme Court decided a manual recount should be suspended as it might cause harm to Bush, this was a de facto deciding of the election by the Supreme Court. They actively stopped a recount that would seem a sensible way of obtaining a more accurate result in an instance of the vote being too close to call. As Justice Breyer wrote in the dissenting statement: "However awkward or difficult it may be for Congress to resolve difficult electoral disputes, Congress, being a political body, expresses the people’s will far more accurately than does an unelected Court. And the people’s will is what elections are about."


Edited by Peter Martin on 27 July 2020 at 1:39pm
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Jason Czeskleba
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Posted: 27 July 2020 at 2:15pm | IP Logged | 3 post reply

 Brian Miller wrote:
And if done, pretty much exposing McConnell even more of being a lying piece of dog shit.

If Biden wins the election, and then RBG passes away at 11:30 pm on January 2nd, I have no doubt that McConnell would find a way to get Trump to nominate a new justice and then get him confirmed, before midnight.  He is that sleazy.
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Kevin Brown
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Posted: 27 July 2020 at 2:18pm | IP Logged | 4 post reply

If a Supreme Court Justice dies between election day and Jan 20, could the Senate still rush through a new judge during that period?

**********************

Not according to Mitch O'Connell.  Because the orange one will be a "lame duck".
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Kevin Brown
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Posted: 27 July 2020 at 2:21pm | IP Logged | 5 post reply

First, how can you have a faithless elector if the elector must abide by the will of the people?

*******************************

Supreme Court just recently ruled on this (Chiafalo v. Washington).  They CANNOT go against the vote of the people.  If the majority voted for Biden, he gets 100% of the electoral votes.  The states have the ability to enforce an elector's pledge in presidential elections.
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David Allen Perrin
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Posted: 27 July 2020 at 2:33pm | IP Logged | 6 post reply

@Kevin Brown

YES!


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Brian Miller
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Posted: 27 July 2020 at 3:45pm | IP Logged | 7 post reply

If Biden wins the election, and then RBG passes away at 11:30 pm on
January 2nd, I have no doubt that McConnell would find a way to get
Trump to nominate a new justice and then get him confirmed, before
midnight. He is that sleazy.

********

Oh, I totally agree with you. Even tho before the last election he refused
to even entertain the idea of an Obama pick A YEAR before the 2016
election. He’s a piece of shit hypocrite that’s been every bit as bad for
this country as Trump.
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Kevin Brown
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Posted: 27 July 2020 at 9:26pm | IP Logged | 8 post reply

My hope is when Biden eventually gets his opportunity to select his SC nominee, that he opts for Merrick Garland.
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Jason Czeskleba
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Posted: 28 July 2020 at 6:09pm | IP Logged | 9 post reply

 Kevin Brown wrote:
My hope is when Biden eventually gets his opportunity to select his SC nominee, that he opts for Merrick Garland.
I do not agree.  Although I feel bad for Garland missing his chance, he was a deliberate compromise choice by Obama, in that his views skew a bit more moderate/conservative and he is older (67).  Obama's naive hope was that by choosing someone who wasn't a strong liberal and would theoretically not serve as long, moderate Republicans might be willing to give him a chance.  We saw how that worked out.  In the post-McConnell world (where filibustering judicial appointees is a thing of the past) Democrats need to play hardball and that means nominating younger justices whose views are strong enough to balance out the extremists who have been fast-track rubber stamped by Trump and McConnell for the past four years.   
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Kevin Brown
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Posted: 28 July 2020 at 9:16pm | IP Logged | 10 post reply

Who do you think will be Biden's VP choice?  I suspect Susan Rice, but I'm hoping Tammy Duckworth.
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Neil Lindholm
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Posted: 28 July 2020 at 11:16pm | IP Logged | 11 post reply


 QUOTE:
Supreme Court just recently ruled on this (Chiafalo v. Washington).  They CANNOT go against the vote of the people.  If the majority voted for Biden, he gets 100% of the electoral votes.  The states have the ability to enforce an elector's pledge in presidential elections.

I thought the job the electoral college was to consider the votes of the people but if their choice was totally irresponsible for the office of the president, they could vote otherwise. (If so, they dropped the ball the last election).
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Neil Lindholm
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Posted: 28 July 2020 at 11:18pm | IP Logged | 12 post reply


 QUOTE:
Who do you think will be Biden's VP choice?  I suspect Susan Rice, but I'm hoping Tammy Duckworth.

I think it might be Duckworth. Perhaps a bit more palatable to the more conservative voters. 
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