Pennsylvania Republicans Put Election Nightmare Scenario In Motion

[regnaD kciN]

13. If this is a bill to establish a commission by state law...

...the Democratic governor will veto it, and that will be that.

The most extreme Trumper Republicans, though, hold that the language in the Constitution saying that state legislatures shall provide for the selection of a slate of electors means that the legislature has the federal authority to do so all on their own, without passing a new state law. Even if the state already provides, by law, that the electors go to the candidate who wins that state’s election, the argument goes, such a state law is overruled by the provision in the Constitution.

Now, I think that’s an extreme argument that would appear to be contradicted by previous SCOTUS precedent, and probably wouldn’t even be convincing to a majority of Republican-appointed Justices, but it is out there, and we need to be prepared for them to at least attempt it.