As Rick Hasen puts it, this is my effort to “Vulcan mind meld” with Stephen Miller. This is not a statement about what is likely. I’m not trying to worry anyone. I’m trying to point to where we should be looking, because so much is focused in all the wrong directions. So let me state it directly: stop with the obsession with the courts (it isn’t happening there) and stop with the attention to Mo Brooks (who is either an idiot or thinks you’re an idiot: Congress is not going to reverse this on its own, even if a Senator agrees with the objection). The only path they have is 3 USC §2, through an as-of-yet-untested theory of state legislative power.
It wasn’t clear until yesterday what precisely the Trump Team’s endgame was. Based on the actions of state legislatures in Georgia, Pennsylvania, Wisconsin, Nevada, and Michigan, and the words of Stephen Miller, we can now piece together their plan.
