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View Diary: Stop saying Republican electoral-vote rigging is constitutional. It's not. Here's why. (193 comments)

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  •  No, I'm saying I think it is unconstitutional (1+ / 0-)
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    And I laid out my argument as to why.  This, in contrast to a lot of people who just assume it's ok, either because of the Article II provision I cited at the very beginning, or "because Maine and Nebraska do it."

    Things aren't that simple, and Democrats should not concede the legality of these schemes without a fight.

    •  well that position (1+ / 0-)
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      is intellectually more defensible.  I can't say there's anything wrong with that position, but my personal belief is that it's very likely constitutional, and I don't think opponents would be able to gather the necessary arguments to get cert granted at the Supremes unless the law were written in such a way that it's either facially unfair (highly unlikely), or that affects a group other than political parties (race, sex, etc).

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