Trump's Pennsylvania complaint is brilliant

The complaint filed in Pennsylvania by the Trump campaign is a superb piece of legal craftsmanship. It was filed in federal court, not state.  The gist is that some of the state's actions, and particularly the exclusion of Republican poll-watchers during the counting of hundreds of thousands of mail-in ballots, violated federal constitutional requirements. The point is obvious enough once one thinks of it, but it's brilliant all the same.  It shifts the focus from state law, where a politicized Pennsylvania court has the last word, to federal law, where the U.S. Supreme Court rules. As for the obviousness of the point, consider as a thought experiment a state law requiring that all votes be counted in secret by an unelected board named by the party in power.  Could it survive a constitutional challenge? As my old Harvard constitutional law professors would have said, "to ask the question is to answer it."  It is...(Read Full Post)
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