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View Diary: Stop saying Republican electoral-vote rigging is constitutional. It's not. Here's why. (193 comments)

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  •  Then cite the cases SCOTUS cited (1+ / 0-)
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    pucklady

    The Supreme Court was trying to stop the lower courts from addressing piddly, county-by-county challenges to vote-counting standards in cases where it "didn't matter" in the years to come after Bush v. Gore.  That is, "you are not bound by this ruling and should not apply it."

    That's a bullshit move, no doubt.  But it does not mean (1) you cannot cite it as persuasive authority (which, in reality, all precedent really is for SCOTUS since it can change the law if it wants) or (2) that you cannot cite the authorities IT cited for the exact same principle.  And like I point out right after the Bush v. Gore cite, the Supreme Court wasn't making new law there.  It was restating old law.

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