At the same time, a Mark Levin essay in The Blaze was making the rounds. Levin made the same argument as Hawley—that states failed to follow their own election laws—and amplified it at length. The argument has a certain deceptive simplicity. Since the so-called Electors Clause in Article II of the Constitution declares that electors are appointed “in such Manner as the legislature” of the state “may direct,” then only legislatures can make changes to election procedures.
If a state court orders a change, that violates Article II. If a state election official orders a change, that violates Article II. And since, for example, state courts and state election officials ordered changes in election procedures in Wisconsin, the Wisconsin election is unconstitutional…
Sounds compelling, right? Who are these bureaucrats and state judges, and who told them they could contradict the state legislature?
Well, it turns out that this very issue has been litigated. It turns out that Trump-appointed judges have rejected this argument, and done so in terms that conservatives should understand—using the text and original public meaning of the constitutional provision to demonstrate that the Hawley/Levin argument is utter nonsense.
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