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
