Contrary to conservative social media opinion, the Supreme Court has not taken the Texas case yet. They have only asked for pleadings. They can still say no or kick the can down the road. Thus, as opposed to wild speculation, the president has just not been reelected because the high court has asked for pleadings.
But, given the vote to do that, 6-3, if they take it they are admitting Texas has standing in the case. That’s also a reason, no standing, to not take the case. But if they do take it, the chances that they decide for Texas and the other states is very real, as there actually was massive election fraud and Texas and other states may have the evidence to prove it. If not, the Supremes would have laughed them out of court. Then what happens if Texas wins? What’s the legal remedy? Throw away results in states where widespread fraud was found? New election? Who runs the new election? Trump victory? Insurrection by the losing side? The scenarios are myriad.
Now also Congress, under Article 3 of the 20th Amendment, could declare the election defective. But the House and Senate could never come together on that. But what if Kevin McCarthy and Mitch McConnell work some magic?
Professor Tim Blessing of Alvernia University, a friend and nationally noted presidential scholar, takes it from here.
“Part of Section 3 of Amendment XX reads: ‘If a President shall not have been chosen before the time fixed for the beginning of his term, or if the President elect shall have failed to qualify, then the Vice President elect shall act as President until a President shall have qualified; and the Congress may by law provide for the case wherein neither a President elect nor a Vice President elect shall have qualified, declaring who shall then act as President, or the manner in which one who is to act shall be selected, and such person shall act accordingly until a President or Vice President shall have qualified.’
“HOWEVER, the term ‘Congress’ is used. No one knows if Congress would meet in a joint session (which is how Texas was brought into the Union) or if it would be both houses voting independently. As I read this amendment, the President (in this case Trump if before January 20th) would not have a veto. SCOTUS might disagree. Moreover, Congress can punt the ball to whoever it wants . . . even the Pope if they are so inclined. I assume that they would kick this back to the states rather than make the choice themselves . . . but who knows?
“In effect, Congress can choose ANYONE if there are not enough total qualified electors to elect someone. This is not like the 12th amendment where the electors are qualified and no one gets to a majority. This assumes a flawed election such as in 1876. So if you ever wanted someone like Dan Crenshaw as president, Congress can do so even if Crenshaw would just be ‘acting.” Can you imagine the maelstrom this would bring? Stay tuned.
This piece was written by David Kamioner on December 11, 2020. It originally appeared in SteveGruber.com and is used by permission.
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