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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/
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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/
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The Constitution has nothing to say about political parties or how their candidates are chosen, though.
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Fed soc judges don’t care what the constitution says