Co-founder of Federalist Society comes out as full-blown election denialist
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I can’t decide if Volokh continuing to publish Steven Calabresi’s light-years-from-hinged election trooferism is a disgrace or a public service. Both, I guess:
If you use “frequent” gratuitous punctuation and typeface “changes,” this can be used as a substitute for an actual “argument” for why it’s highly suspicious that a higher “turnout” election would mean more votes for both “candidates.” CHECKMATE LIBS!
As a result, many Republicans, myself included, thought that the 2020 presidential election was probably stolen, even though that fact could not be proved in a court of law. President Trump himself did not claim right after the election that mail in voting and the loss of the secret ballot had altered the vote count in the 2020 election. He waited for two weeks and asked for hopeless recounts instead. No recount in Pennsylvania was ever going to erase an 80,555 Biden lead in votes counted at the polls. The margins Trump lost by in Pennsylvania, Wisconsin, Nevada, and Arizona were simply too big to change after endless recounts. Some Republicans, including me, therefore acquiesced in Joe Biden taking office because we thought we had to do that to preserve a facade of democracy absent concrete proof of vote fraud. But deep down in our guts we thought that Joe Biden’s campaign had probably won with dirty tricks, although that could not proved in a court of law.
The “dirty trick” Biden used to “steal” the election was people using the extremely common method of mailing in ballots, an entirely legal practice that Republicans had no objection to prior to 2020 because more Republicans voted by mail. The legality of the practice may indeed be one reason why it was difficult to challenge in a court of law, although I can understand why a Republican might think pure vibes is enough to get courts to intervene to prevent an outcome Republicans don’t like — hell, sometimes is works!
It goes on like this, with a predictable outcome:
It is equally important that all Americans vote on the same day, after the same news cycle, with the same information before them. Ballots arriving by mail day after day, after Election Day, discourages confidence that an election has been fair. If you are in the military or have some other good reason for needing an absentee ballot, you should be allowed to have one.
Same-day in-person voting is a non-negotiable condition of democracy, unless the constituency that wants to vote by mail is predominantly Republican.
The thing about this lunatic, anti-democratic nonsense is that there’s no reason to believe that Alito or Thomas disagree with a word of it, and plenty of reason to think they don’t.