There's really nothing preventing state legislatures from assigning electors now, just that all 50 states have laws requiring them to go to the winner of the popular vote in that state and it's such a radical position to repeal it that even the Republican Legislatures and Governors aren't willing to. Someone like Mastriano would be willing to buy still unclear if he could get such a bill passed.
Repealing it after the election would probably be struck down by even the most conservative court as an ex post facto law and we saw how interested courts were in Trump's post-election attempts. Still any case that would potentially push gerrymandering even further is quite worrisome.
Why couldn't they just pass a law today saying "the state's presidential electors will be determined via popular vote; however, a majority of the legislature, within three weeks of the election, may override this and determine the presidential electors" if they passed it before the election?
There's nothing in the Constitution that says they couldn't do that.
A legislature can’t be bound by a past legislature and therefore they can what we want will be the ruling from all 6.
And you idiots will still be sitting here arguing that if just the texts or the argument was different.
The Supreme Court has been captured and isn’t practicing anything resembling law anymore.
Republican legislatures are currently arguing that state laws banning abortion passed in 1849, 1901, 1925, and 1931 and never explicitly repealed during the Roe years are valid and came back into force.
Yes, but a future legislature can repeal those old laws. What he means is the 2022 legislature cant pass a law that can never be repealed by the 2023 legislature.
