Michael Anderson
@michaelander45.bsky.social
Attorney, Views are my own and not intended as legal advice 😁
I think that is a fair. Also the nature of the pre-election meddling is important where post/mid election meddling IMO is presumptively bad irrespective of the details. Eg its worse to invalidate mail ballots after the fact than to say in advance that all mail ballot need to be in by election day
January 15, 2026 at 9:26 PM
I think that is a fair. Also the nature of the pre-election meddling is important where post/mid election meddling IMO is presumptively bad irrespective of the details. Eg its worse to invalidate mail ballots after the fact than to say in advance that all mail ballot need to be in by election day
We havent had oral argument yet so I think its hard to parse, but even so we will know the rules in advance. And I disagree that they are equally overt. There is a normative and procedural difference between modifying the rules a priori and messing with the votes during or after the election.
January 15, 2026 at 9:04 PM
We havent had oral argument yet so I think its hard to parse, but even so we will know the rules in advance. And I disagree that they are equally overt. There is a normative and procedural difference between modifying the rules a priori and messing with the votes during or after the election.
YMMV but I think you cannot (and they would not) continue that routine if they were the clear winners of the 2026 midterms and Republicans were trying to do illegal shit to stay in control.
January 15, 2026 at 9:00 PM
YMMV but I think you cannot (and they would not) continue that routine if they were the clear winners of the 2026 midterms and Republicans were trying to do illegal shit to stay in control.
1) we do not know hos SCOTUS will come down on that and
2) we are talking about much more overt actions to meddle with things. Anything that involves "stealing ballots" will result in a contested seat in congress and the dem majority gets to decide the outcome.
2) we are talking about much more overt actions to meddle with things. Anything that involves "stealing ballots" will result in a contested seat in congress and the dem majority gets to decide the outcome.
January 15, 2026 at 8:58 PM
1) we do not know hos SCOTUS will come down on that and
2) we are talking about much more overt actions to meddle with things. Anything that involves "stealing ballots" will result in a contested seat in congress and the dem majority gets to decide the outcome.
2) we are talking about much more overt actions to meddle with things. Anything that involves "stealing ballots" will result in a contested seat in congress and the dem majority gets to decide the outcome.
Accountability > abolition If you had to choose
January 15, 2026 at 8:55 PM
Accountability > abolition If you had to choose
Look I have plenty of complaints for how Dems have been handling things, but there is not some magic button they could press to fix things that are happening. They can and should be doing more but their options are limited.
January 15, 2026 at 8:54 PM
Look I have plenty of complaints for how Dems have been handling things, but there is not some magic button they could press to fix things that are happening. They can and should be doing more but their options are limited.
I think that in the event they fail to fully rest control, there will be action by the Dem congress to not seat recognize the winners of those meddled with seats.
January 15, 2026 at 8:53 PM
I think that in the event they fail to fully rest control, there will be action by the Dem congress to not seat recognize the winners of those meddled with seats.
Well because under the legitimate rules of our system their power is constrained (though not zero as some claim). In the scenarios we are talking about the legitimate rules would be on their side and they would be taking power that rightfully belongs to them.
January 15, 2026 at 8:07 PM
Well because under the legitimate rules of our system their power is constrained (though not zero as some claim). In the scenarios we are talking about the legitimate rules would be on their side and they would be taking power that rightfully belongs to them.
What is your point here supposed to be?
January 15, 2026 at 8:05 PM
What is your point here supposed to be?
Again you are missing the point that ELECTED DEMOCRATS would have to go along with it. This play only works if they all say "oh gosh guess Mike Johnson's illegal declaration that person X didn't win is controlling"
January 15, 2026 at 7:34 PM
Again you are missing the point that ELECTED DEMOCRATS would have to go along with it. This play only works if they all say "oh gosh guess Mike Johnson's illegal declaration that person X didn't win is controlling"
Again how do you fail to not seat only select members? The point I am trying to make here is that options that would provide sufficient granularity to cause a slow boil crises or muddle on situation do not exist. at least without acquiescence from the Democrats who just won power.
January 15, 2026 at 7:21 PM
Again how do you fail to not seat only select members? The point I am trying to make here is that options that would provide sufficient granularity to cause a slow boil crises or muddle on situation do not exist. at least without acquiescence from the Democrats who just won power.
So the question is why would the new dem congress acquiesce to these clearly illegal attempts to maintain power?
January 15, 2026 at 7:15 PM
So the question is why would the new dem congress acquiesce to these clearly illegal attempts to maintain power?
I think pretty early on the dem legislature would impeach and remove the president and vice president (which they would have the numbers for because of absent rs)
January 15, 2026 at 7:03 PM
I think pretty early on the dem legislature would impeach and remove the president and vice president (which they would have the numbers for because of absent rs)
I suppose an important additional question is also how/why we would expect them to be able to get away with such margin tailoring exercises even if we disagree about their logistical capabilities.
January 15, 2026 at 6:50 PM
I suppose an important additional question is also how/why we would expect them to be able to get away with such margin tailoring exercises even if we disagree about their logistical capabilities.
Yes to be honest this is a large lingering concern that I have!
January 15, 2026 at 6:43 PM
Yes to be honest this is a large lingering concern that I have!
To be more general, the question we are in some ways trying to answer is whether there exists some kind of "peaceful" plot or weird trick that would result in continual Republican control of the government and I do not see that.
January 15, 2026 at 6:41 PM
To be more general, the question we are in some ways trying to answer is whether there exists some kind of "peaceful" plot or weird trick that would result in continual Republican control of the government and I do not see that.
Sure, but that's kind of a continuous ever present background issue. The question then I suppose is what a newly elected dem congress / the military would do.
January 15, 2026 at 6:38 PM
Sure, but that's kind of a continuous ever present background issue. The question then I suppose is what a newly elected dem congress / the military would do.
I am extremely skeptical of the logistical feasibility of this kind of plan
January 15, 2026 at 6:36 PM
I am extremely skeptical of the logistical feasibility of this kind of plan
1) Vance doesnt have that authority and dems have a 34-33 majority of the continuing Senators
2) Im not sure what if anything the current house could do to effect the certification/seating of the new house as that is a role reserved explicitly to them.
2) Im not sure what if anything the current house could do to effect the certification/seating of the new house as that is a role reserved explicitly to them.
January 15, 2026 at 6:33 PM
1) Vance doesnt have that authority and dems have a 34-33 majority of the continuing Senators
2) Im not sure what if anything the current house could do to effect the certification/seating of the new house as that is a role reserved explicitly to them.
2) Im not sure what if anything the current house could do to effect the certification/seating of the new house as that is a role reserved explicitly to them.