The state legislature gambit

They’re going to do it. I’ve been writing about that Bush v Gore concurrence in which Rehnquist and Scalia proposed this theory. It has been taken up by the current Supreme Court wingnuts:

Indeed. The Eastman memo isn't an outlier: notice what Kavanaugh, Thomas, Alito, and Gorsuch wrote about state legislatures in the 2020 PA & WI cases.

If Barrett joins them, there will be 5 Justices happy to take a state legislature's word for who won, regardless of the results. https://t.co/0gTWc9v7wJ pic.twitter.com/5Hj1IsbEIc

— Max Kennerly (@MaxKennerly) October 10, 2021

This has obviously been contemplated in wingnut circles for 20 years and they are poised to pull the trigger. The only question is whether they are crazy enough to do it for Donald Trump.