Game, Set, Match

The President plays precisely *zero* role in enforcing the state election laws that govern how elections are administered and certified.

And enforcement of the federal laws governing the counting of electoral votes is up to the Joint Session—and specifically *not* the President. https://t.co/OK94NzX3gg

— Steve Vladeck (@steve_vladeck) August 24, 2023

There is some irony that the same people who were pushing the independent state legislature theory* — the idea that election admin belongs ONLY to state legislatures without interference — are now arguing that it was a part of their *federal* duty to intervene in a state election

— Asha Rangappa (@AshaRangappa_) August 25, 2023

Also in OT I’m referring to the argument that Meadows and others are making to argue for removal to federal court

— Asha Rangappa (@AshaRangappa_) August 25, 2023

TFW you're relying on a paper by Seth Waxman for your expansive view of Supremacy Clause and he's one of the guys who wrote the amicus saying, nope.https://t.co/4dB7oVJkuThttps://t.co/C2Jq5VUUGj pic.twitter.com/cAKUMdgV1e

— emptywheel (@emptywheel) August 26, 2023

Lawyers v non-lawyers in that last xweet. The problem is not what Waxman wrote in an amicus brief, the problem is reliance on a law review article for what I assume is a critical point for the argument.

Law review articles aren’t bad in a brief, but they are incredibly weak. The classic example is the Roe decision, which rested in part on a law review argument. Even lawyers who agreed with the outcome criticized the opinion for not being better grounded in an analysis of case law, than in reliance on a law review article. Law review articles are interesting intellectual exercises, but they aren’t precedent.

Asha (a lawyer) and Steve (a law professor) are making the same argument on attempts to invoke the Supremacy Clause and so help move the Georgia criminal case to federal court: you just can’t get there from here. The POTUS, especially, has no role to play once votes are cast, and thus has no authority to share with those who work for the office.

Former Trump National Security Advisor @AmbJohnBolton: “Nothing that Trump and Meadows did here had anything to do with their presidential responsibilities. It’s like if Trump had robbed a bank while he was president …that’s not part of his presidential responsibilities.” pic.twitter.com/yHdqgEpNcv

— Abby D. Phillip (@abbydphillip) August 26, 2023

Also a non-lawyer, but getting much closer to the point.