Thursday, September 14, 2023

The Problem In a Nutshell

Gerard N. Magliocca

Thus far, state Secretaries of State are basically saying two things about the Section 3 issue:

1. The Supreme Court should resolve this question as soon as possible.

2. I can't do anything to help the Supreme Court resolve this question soon.

Sometimes Point #2 comes in the form of "state law gives me no discretion." If so, then fair enough. I can't say what state law is on that point in every state. But sometimes Point #2 comes in the form of "I won't act without a court order." That position is in tension with Point #1.

Fortunately, we only need one state Secretary of State with discretion to declare Trump ineligible to propel the case to the Supreme Court. Time is running out.     


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