The election has been over for weeks. Any lingering doubts should be put to rest by the decision issued yesterday in the Eastern District of Wisconsin. This should be enough to send the red-hatted MAGA hangers-on packing, but it will not be.
The New York Times reports on the case:
In a strongly worded decision, Judge Brett H. Ludwig, a Trump appointee who took his post only three months ago, shot down one of the president’s last remaining attempts to alter the results of a statewide race. The decision came just one day after the Supreme Court denied an audacious move by the state of Texas to contest the election outcomes in Wisconsin and three other battleground states.
Judge Ludwig’s concluding paragraph is all the more scathing because it uses the dry and colorless language of legal technocrats:
This is an extraordinary case. A sitting president who did not prevail in his bid for reelection has asked for federal court help in setting aside the popular vote based on disputed issues of election administration, issues he plainly could have raised before the vote occurred. This Court has allowed plaintiff the chance to make his case and he has lost on the merits. In his reply brief, plaintiff “asks that the Rule of Law be followed.” (Pl. Br., ECF No. 109.) It has been.
The full decision is here.
Elections have consequences, intended and unintended. Into the morass of post-electoral fire-breathing and pearl-clutching comes a resolution introduced by Rep. Bill Pascrell (D-NJ). Relying on the Constitution — which the MAGA crowd claims to revere — Rep. Pascrell has a simple proposal to deal with the 126 House members who signed on to the bogus Texas lawsuit: Don’t seat them in the next Congress. Section 3 of the Fourteenth Amendment says, in plain language, that they are ineligible to serve in federal office. Elections have consequences, after all. And those who would subvert our elections should pay a price.
The message to Democrats should be: Ignore the inevitable and insincere wailing about “persecution for political beliefs” that will follow. Don’t seat them. Ignore the tortured justifications for the over fifty lawsuits brought by the Trump campaign or its water carriers: there is no legally or judicially cognizable case and your complaints have been summarily dismissed by every court that has heard them. “We have a right to be heard in court” is not an excuse for willfully wasting time and money. It’s not a lost cause, and certainly not a noble one. It is an attempt to subvert democracy itself and install a permanent government of plutocrats and autocrats. Elections have consequences.
Republicans, we should note, are fond of repeating that elections have consequences. But let’s be clear: when Mitch McConnell piously intones that phrase, he means only the elections that keep him in the Majority Leader’s chair. The elections, in other words, that enable him to stymie legislation so desperately needed by the people of the United States — such as a second COVID relief bill that would enable people to pay their rent and put food on their tables; that would keep small businesses afloat and people employed; that would ensure sufficient PPE for health care workers, that would help the country get through the next perilous year with the coronavirus. But instead of useful legislation he peddles lie after lie after lie. “Compromise,” to McConnell, means, “Come meet me where I stand, while I keep walking backwards.” The House passed a $3 trillion relief bill; McConnell wanted half that; House negotiators moved to $2 trillion and McConnell wanted half that; now the bill on the table is $900 billion, and passage is in doubt. Politics is the art of the possible, but McConnell cynically moves the goal posts and then blames his Democratic opponents for failing to compromise.
Democrats, you have been playing the GOP’s twisted messaging game for a generation. Take charge, explain in plain language what is going on, and exact a price for the GOP’s sedition. Don’t seat them. Change the game, and make new rules. People will notice; you might even improve your majority. Elections have consequences, right?