Or…as Bette Davis once said “Fasten your seatbelts, it’s going to be a bumpy night.”
I can’t be the only one tired of both the rampant lying by both sides in today’s election…and I wish that it would be all over after today…but it just won’t.
No matter who the eventual next President is…the other side will likely be rioting…or I guess it would be peaceful demonstrators if the President is reelected or armed right wing anti government militia if he isn’t…at least that’s the way most of the media and WAMM will present it.
In addition…we very likely won’t have a winner today due to counting of absentee/mail-in ballots…and there will be more hue and cry, not to mention dozens of lawsuits filed…over the counting of ballots. I’m guessing that most of these will be filed in federal courts or will eventually make their way there…and I really wish that the SCOTUS would issue some guidance to lower federal courts regarding election laws.
Looking back at the most recent couple dozen cases that made it to federal courts and eventually the SCOTUS…with each side winning some and losing some…I saw an article this week that analyzed not who won and lost but what the decisions actually did…and to me it looks like that article was right. SCOTUS…and Chief Justice Roberts in particular…is attempting to keep the court out of politics. The Chief Justice…in addition to worrying about interpreting the laws and deciding cases…also worries about legacy…or how people will look back on the Roberts court.
Overall…the decisions have pretty much all ruled that states are in charge of election laws and that federal courts have no jurisdiction. This is precisely what the Constitution says in Article II Section 1
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors…
This section specifically says that states appoint electors and federal courts or the Congress have no say in the matter.
Further…the decisions have been that state courts have the authority to intervene in election laws. Now to me…that seems wrong as the above Section 1 quote says as the legislature thereof may direct…and by strict reading that means that the state legislatures and specifically not the state courts or state executive branch have this sole power. However…the Chief Justice is pretty much a fan of stare decisis which says that previous court precedents should be respected in adjudicating similar cases…and while I can’t find the right web page again…some years back Justice Ginsburg authored a majority opinion in a case that essentially said that by the word legislature in the above section it really meant state government and not specifically the legislature. She was a loose constructionist…which means that she (and her colleagues) are authorized to interpret the meaning of the words as opposed to just reading what it says. Anyway…I personally disagree with the loose constructionist idea and thinks that the Constitution says what it says…no more and no less…and that legislature means legislature. However…since there is precedent that says it’s the state government then unless SCOTUS overrules the precedent which they did not have enough votes to do after her death and before Justice Barrett was sworn in…that is the precedent and the Chief Justice is enforcing the precedent.
As I said…I don’t think the precedent is right but I can see the reasoning of the court so far. What this means…likely…is that any case that makes it to federal court will be essentially turned back by SCOTUS as “not the federal court’s job” and returned to state jurisdiction where state courts can override the legislature. Again…I don’t think that’s right either…but whatever.
What I’m really going to hate is that…and we know this will be the case…both presidential candidates will launch multiple lawsuits over whatever the results are today. Progressives will scream “every vote must count” at the top of their lungs and conservatives will scream “follow the state election laws on deadlines”. I can really see some validity to both points but…and you heard it here first…the media will inevitably describe these lawsuits differently. Mr. Biden’s suits will be labeled in the media as “heroic defense of democracy, the one person one vote principle, and the opposition to voter suppression”…the President’s will be labeled as “attempts to steal the election” and “a refusal to have a peaceful transfer of power”.
Do we really believe that if the President loses he isn’t going to leave office voluntarily on Jan 20? Of course he will…but I keep seeing articles saying that he won’t leave and will have to be forcefully evicted by the Secret Service or some other unnamed law enforcement personnel…but that’s just a bunch of BEP in my view. Is he going to do everything he can to achieve victory including file lawsuits? Of course he is…but so is the other guy…and let’s call a spade a spade and not try to spin the litigation differently depending on who filed it.
I think it’s going to be very close…and that the polls are off…but that’s just me.
You probably saw the outrage in the media about how the group of Trump supporters in trucks surrounded a Biden campaign bus on the freeway, attempted to force it off the road, and crashed into one of the vehicles in the Biden convoy. Well…I encourage you to go and look at the video. I didn’t see any attempts to force the bus off the road…just a bunch of idiots harassing the other side. The supposed crash…after the video was reviewed by the local law enforcement…well they said that it appears the white vehicle (which was the Biden one) swerved into the black truck (the Trump supporter) which would make it the Biden vehicle’s fault. Neither driver has filed a report or complaint and local law enforcement hasn’t talked to either as of today…but local law enforcement is also not pursuing anything at this point since according to the video the widely media reported attack on the Biden vehicle appeared to be the other way around.
Let’s see…what else is going on. Big Red died last week…wouldn’t start. We had it towed to the dealer and. They’re figuring out what’s up with him…more on that once we know more. The batteries are bad at minimum but he would crank but not start even when we jumped it so there might be something more than that involved. We did get the batteries replaced in Nowheresville, WV in September of 19…but we ended up with cheap batteries from the auto parts store since the Dodge dealer there didn’t have the right ones. They claimed the ones they put in were “the same”…we didn’t really believe that but had no choice in the matter at the time and since they seemed to work fine for the past year had not replaced them with the correct ones.
And up in the state of Virginia…apparently the
law doesn’t matter any more. In downtown there’s a traffic circle on Monument Avenue in Richmond that has a statue of Robert E. Lee on a horse…and naturally the BLM and WAMM want this statue removed because it is “an affront to people of color”. Now I’m not going to argue the merits of having a statue of the man or not…but let’s not forget that the nation’s capital is named after a slave owner and he’s got a really tall obelisk named after him located in a prominent place on the national mall. I’m also not going to argue that racism either exists or no longer exists…frankly there’s a lot of nuance in both that question as well as numerous monuments throughout the country…nor am I going to argue the merits (or not) of reevaluating historical figures based on today’s morals and norms as opposed to those that existed 100 or 200 years ago…because again there’s a lot of nuance in that discussion.
What I am going to argue is that the law…well it’s the law and you don’t get to change it just because.
See…the statue itself was paid for by non-governmental funds, the pedestal it sits on was paid for by non-governmental funds, and the land it stands on was private property as well. Back in 1890…after the statue was installed…it, the pedestal, and the land were deeded over to the state by the original owners…and in the deed issued to the state it specifically says that the pedestal and statue must be maintained by the state “in perpetuity”…that’s what the deed says. The state agreed to maintain the land and statue…period.
So along comes BLM, George Floyd, the NAACP, and the WAMM…and they decide that they don’t like this statue since it offends them…so the newly elected Democratic governor issues an executive order that it be torn down. Naturally…conservatives didn’t like this and a group of residents along Monument Avenue filed a suit to stop the governor from just ignoring the provisions of the legally executed and agreed to by the state deed. Last week…a state judge ruled that the statue can be removed by gubernatorial order because “enforcing those deeds would be in violation of current public policy” and “the restrictive deeds are not enforceable by this court”.
So…in the state of Virginia…one can have your legal deed overturned because the state doesn’t like it (or you) any more. Doesn’t matter that deeds are legal documents regarding the ownership of property…doesn’t matter what a previous state administration agreed to…if the new guy doesn’t like it…tough, it doesn’t count.
Interesting things found the net.
Since we changed the clocks back from DST over the past weekend…
I did see one article that claimed that DST was “killing us” as if what time our clocks said has any actual effect on the health and welfare of humans.
There’s a lot of truth in this one.
Does everybody remember the first iPhone? This is a picture of it…Apple eventually paid this company to buy the trademark from them.
Down in LA (that’s Lower Alabama) where Neil is from…there’s this dish named succotash…this cartoon perfectly captures how disgusting it is.
How your smart watch evaluates your exercise.
This is a Himalayan monal, is the national bird of Nepal…it is a member of the pheasant family…quite a striking bird.
I thought this was interesting. You’ve probably heard of a thing called Pangea…it was a super-continent back that existed from about 335 million to 175 million years ago. All the dry land on earth came together into Pangea before eventually separating due to tectonic plate drift and giving us the continents we have today.
What you might not have known…is that Pangea was just the last super-continent…nobody in our house knew that there had been more than one super-continent back through history…Pangea was actually the last of 10 super-continents that existed on the earth…the earliest one was Vaalbara about 3.6to 2.8 billion years ago through Ur, Arctic, Atlantic, and 6 more of their brethren down through Pangea. Anyway…a cool little tidbit we didn’t know. The shot below shows where current countries was locate on Pangea.