Link here. The author, William Jacobson, always has a solid legal grounding on the political warfare that is on-going today in America. In this case he argues correctly that the key has always been winning elections, and that the Republicans have consistently failed to play that game hard. They didn’t fight the use of loosely regulated mail-in ballotss They didn’t fight ballot harvesting. They didn’t reject the use of Dominion software. And he gives a classic example in Wisconsin, whose Supreme Court has rejected election lawsuits partly because of the following reason:
There is no better example of why elections matter, and how the 2020 presidential election was lost months ago. Liberal Jill Karofsky defeated conservative sitting Justice Daniel Kelly in an April 2020 election the Wisconsin Republicans completely botched by allowing it to take place the same date as the Democratic presidential primary. Guess who turned out to vote? Democrats. That took the court down to a nominal 4-3 conservative majority, with Justice Brian Hagedorn the weak conservative link.
In many other states, legal and political battles were fought strategically by Democrats over the several months leading up to the election. Democrats organized for a mail-in election, Republicans didn’t. Republicans were out-organized, out-hustled, and out-lawyered.
Even now the Republicans in Georgia are not gearing up to deal with potential election fraud in the upcoming Senatorial runoff elections that will determine who controls the Senate. They are fiddling around as the entire credibility of the election process burns. The odds of them winning even one of those two run-offs I rate is low, because not only will the same cheating take place by the Democrats, Republican voters will not come out to vote, because they don’t see their party as a useful party to vote for.
And yet, the most important and only task Republican-controlled state legislatures have right now is to insure that fraud cannot happen in future elections. It is their last hill to stand on. That in Georgia they seem uninterested in dealing with this now, before these runoffs, tells us how weakly they will likely fight in other states in the coming years.
And if they don’t fight, they will lose. It is that simple.
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