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code_archeologist t1_ixinv6b wrote

They would have to go to federal court to block it now... which is highly unlikely to succeed.

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justforthearticles20 t1_ixipw4i wrote

They technically would have to show that there was a violation of the US Constitution which does not exist. If they score a Trump judge, the lack of jurisdiction thing won't matter.

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notcaffeinefree t1_ixjg022 wrote

>They technically would have to show that there was a violation of the US Constitution which does not exist.

That's basically the argument in Moore v Harper. If the ISL theory is accepted by the Court, a state court would have no authority over this matter.

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justforthearticles20 t1_ixjgiao wrote

That precedent would allow California and New York and every other Blue state to make every House seat Blue, and Democrats would take the House forever.

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notcaffeinefree t1_ixjhn5p wrote

Not necessarily. Currently states with entirely blue legislatures make up only 149 House seats. Split legislatures make up another 106 seats leaving 180 seats in red states.

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justforthearticles20 t1_ixjioy9 wrote

Split states would be required to abide by their actual election results, but are trending Blue, at which point they would be Blue forever.

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Ayzmo t1_ixizdo3 wrote

SCOTUS has said state election laws are generally outside the purview of federal courts. And this was recent.

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