Beautiful image found here. (And yes, I know the grammatically correct word is “finished” but if Cruz and Hawley get to violate the Constitution, I get to play loose with the grammar.)

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The final words on Cruz and Hawley

Lessig
4 min readJan 22, 2021

I’ve written four extensive essays (here and here and here and here) about the illegality in Cruz and Hawley’s objections to the count of the electoral vote on January 6. But as I’ve gotten a bunch of emails asking essentially the same question, it’s clear one part of my argument is not sufficiently clear.

These emails essentially ask:

Why isn’t it ok to have a debate and discussion; what harm could come from spending two hours discussing whether in fact the votes in key states — Pennsylvania, Arizona, Georgia, Wisconsin, Michigan—were proper?

If Cruz and Hawley had simply triggered a debate, that would simply have evinced their own ignorance about the question presented by the January 6 vote.

But Cruz and Hawley didn’t just trigger a debate. Cruz and Hawley voted against counting those electors’ votes.

So the proper question is, on what basis?

The law says that the selection of Biden electors from those states “shall be conclusive” IF the states:

  1. “shall have provided, by laws enacted prior to the day fixed for the appointment of the electors, for its final determination of any controversy or contest concerning the appointment of all or any of the electors” [they did]
  2. “and such determination shall have been…

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Lessig
Lessig

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