The Republicans’ bid to overturn the election is a full-scale emergency – and yet the Democratic strategy seems to be to pretend it isn’t happening
The recent HBO film 537 Votes, about the Florida 2000 election mess, offers one overarching message: Democrats’ refusal to sound a clear alarm about the slow-motion heist in process ultimately let the election be stolen.
In that debacle, Democrats seemed to think things would break their way with well-honed arguments inside the cloistered confines of the legal system – they never understood how public-facing politics can play a role in what ended up being a pivotal political brawl outside the courtroom.
Twenty years later, the lesson of the Bush-Gore debacle isn’t being heeded
Related: ‘It must be made to fail’: Trump’s desperate bid to cling to power
At Trump’s urging, the state’s legislature – where Republicans have majorities in both houses – purports to exercise its authority under Article II of the Constitution to appoint the state’s presidential electors directly. Taking their cue from Trump, both legislative chambers claim that the certified popular vote cannot be trusted because of the blue shift that occurred in overtime. Therefore, the two chambers claim to have the constitutional right to supersede the popular vote and assert direct authority to appoint the state’s presidential electors, so that this appointment is in line with the popular vote tally as it existed on Election Night, which Trump continues to claim is the “true” outcome.
The state’s Democratic governor refuses to assent to this assertion of authority by the state’s legislature, but the legislature’s two chambers proclaim that the governor’s assent is unnecessary. They cite early historical practices in which state legislatures appointed presidential electors without any involvement of the state’s governor. They argue that like constitutional amendments, and unlike ordinary legislation, the appointment of presidential electors when undertaken directly by a state legislature is not subject to a gubernatorial veto.
This isn’t merely infantile behavior or an immature temper tantrum – it is part of a cutthroat plan
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