Roberta will find a way to punt or make the situation even less clear. He always does.

He could have made Obamacare a distant left wing pipe dream - but he didn’t. Not bc it made sense, but bc it was the easy way out.

He could, excuse me SHOULD, have solved this entire election problem with Texas v Pennsylvania in Dec 2020 - but he didn’t. Because he wanted the easy way out.

He could have found, fired and recommended disbarment for the Roe leaker. But he didn’t. Because that would be too controversial.

He has no consistent judicial philosophy aside from trying to avoid controversy.

Don’t get your hopes up.

Trump just needs to sue in Maine and lose and then go up there. The Colorado thing would be too discretionary

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Posted by SlowFlowPro

Simple Solutions to Complex Probs

Member since Jan 2004

423363 posts

Posted on 12/29/23 at 10:49 pm to Wednesday

quote:
The Colorado thing would be too discretionary

Uh...why?

Colorado actually had a trial and some due process for findings of fact, using actual state election law as a backbone (opening up potential Federalism issues with current USSC state election law and the 14A).

If you actually want the possibility for a ruling with any actual discussion of the merits in the law then I don't see why you'd ever think the Maine case gives you a better opponent than the Colorado case. They're way too many ways for them to just get rid of the main case without even touching the merits or the 14th.

I think ultimately they say Congress has to clarify this but also nuke the Colorado opinion by saying this clause doesn't apply to the President.

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