Matthew A. Seligman
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Matthew A. Seligman

Congress enacted the Electoral Count Act to deal with precisely this sort of hypothetical, and the law working just as designed would prevent the sort of gamesmanship that’s being floated.

The GOP leadership in Pennsylvania has decisively disavowed moving to seize the power to appoint electors directly under any circumstances.

There are critical differences between the legal and political landscapes in the 2000 election and today that make it exceptionally unlikely that any of this legal wrangling will matter.

The time for doing nothing is over. Democrats must either pack the Court themselves, or prevent Republicans from doing so down the road.