Monday, May 17, 2021

When Non-Lawyers Play Lawyers On TeeVee

“You guys in the press painted that as some extreme action. Of course, it wasn’t,” Crenshaw said. “That amicus brief was a simple question of the Supreme Court in saying, ‘can you please speak to this question of whether process changes in the election last minute, not approved by the legislature can be deemed constitutional?’ It was a question. They didn’t want to answer that question.”

I kinda think the answer is: "It's a stupid question."

(The question arises from dicta raised by former Chief Justice Rehnquist who, as Charlie Pierce has pointed out, cut his eye teeth in voter suppression actions in Arizona of the type the DOJ just told "Cyber Ninjas" not to engage in (i.e. contacting voters to verify identities), and which they decided they didn't want to do anyway, but not because the DOJ threatened to investigate them or something, they decided all on their own, ya big meanies!  Even thought Rehnquist was a CJ, that still didn't make his ponderings on the notion a Constitutional determination.  If the Court hasn't addressed it since, that's the answer to Crenshaw's question.)

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