Here's the law--it is the province of the states to manage elections. In our case before #SCOTUS last year, the Court made clear that states exercise plenary authority "absent some other constitutional constraint." Chiafalo v. Washington, 140 S. Ct. 2316, 2324 (2020).
And here's the twist, the Tenth Amendment, which provides clear notice and warrant for protecting state authority, is what is at stake here. For one state to seek to attack another state's authority over its management of elections is passing strange, as Justice Scalia would say.
Thankfully, some conservatives are defending federalism and basic rule of law principles. Former Senator Danforth's brief stated that the states are authorized to "adjudicate in its courts all controversies about the presidential election in that state."
Senator Danforth's brief also said the Texas suit made "a mockery of federalism and separation of powers. It would violate the most fundamental constitutional principles for this Court to serve as the trial court for presidential election disputes."
The Court will reject this desperate and unprincipled Hail Mary. That said, the very fact of this case demonstrates that we have a lot of work to do to rebuild our institutions and defend our democracy.
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