Wednesday, December 14, 2016

The Election Challenge Bar

http://www.slate.com/articles/news_and_politics/jurisprudence/2016/12/lawsuits_against_the_electoral_college_why_not.html

In 1960, Richard Nixon could have challenged the elction results and most likely have won -- he did not, he felt that people losing faith in the election process would be "bad for the country".

In 2K, Al Gore challenged away -- and surprise, it lowered the faith of the public in elections and the presidency itself.

Fast forward to 2016. This election is an electoral landslide, but it is being challenged as no election of close to this level of win ever has been before. The new bar for the level at which an election is challengeable has been raised to basically "all elections can be legitimately challenged" -- AND, the the entire system is suspect due to "Russian Hacking".

I'm not sure anyone actually cares what is "good for BOistan", but if they did, the following paragraph would tell them that in some quarters, any sort of "good of the nation" is toally out of fashion!

There is no time like the present for liberal lawyers to start arguing creatively. If President Obama left us anything at all that’s currently irrevocable, it’s a federal bench that might be sympathetic to some of these claims. So at this point I am all for the Hail Marys and the tilting at windmills and whatever else progressives can do to gum up the machinery of normalization. Progressives have been known to argue among themselves about whether every last lawsuit is pragmatic or effective or counterproductive and crazy. This time, let’s litigate first and ask questions later. When in doubt, file it.

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