This piece is maddeningly sparse on specifics, when it's easy to think of viable hypotheticals
Example:
➡️ Find just 1 person in any Fifth Circuit state claiming they voted for Biden
➡️ File suit claiming Ds nominating anyone who was not the primary winner violates the Guarantee Clause
1/
Historically, Guarantee Clause claims – the portion of the Constitution guaranteeing to states "a republican form of government" – have been thrown out as non-justifiable political questions
And yet...
2/
That history of tossing Guarantee Clause claims is already not absolute
See, e.g., New York v United States, 505 US 144, 185 (1992):
"More recently, the Court has suggested that perhaps not all claims under the Guarantee Clause present nonjusticiable political questions"
3/
Is there any real doubt Judge Kacsmaryk would grant an injunction blocking a switch, no matter how poorly reasoned?
Any real doubt the Fifth Circus would affirm, no matter how poorly reasoned?
Now you have to wait on SCOTUS
4/
The whole thing would take weeks at bare minimum, likely months, with a limited window of time before ballots need to be finalized and printed for mailing to servicemembers
TL;DR: this is a very real threat, and has nothing to do with the law
5/5
No, I mean the party apparatus. If they wanted an alternative to Biden they would have needed to get them out there well before the primaries.
To be clear, I’m not saying they SHOULD have done that. Biden is their best candidate. I’m just saying that they don’t need Republicans “forcing” them.
