Alito and Thomas are political in their decision making.
Trump poisoned the well in the USA with all his half-truths and complete lies. It is easy to pretend to be an authority when only using parts of the law that fits the political puzzle. It is another thing to actually obey the law in its entirety. There is no constitutional basis for the EXACT date an elected president has to be chosen. The only codified aspect of the election is the structure that guarantees the counting of the electoral college.
There must be an Amendment to the USA Consitution begun as soon as possible that eliminates the US Electoral College. It is being manipulated to overthrow the government, ie: Alito and Thomas and their breathtaking allowance for a hearing.
December 11, 2020
By Nina Totenberg
The U.S. Supreme Court on Friday night (click here) rejected an eleventh hour challenge to Joe Biden's election as president.
The court's action came in a one-page order, which said the complaint was denied "for lack of standing."
Texas, supported by President Trump, tried to sue Pennsylvania, Georgia, Wisconsin, and Michigan, claiming fraud, without evidence. But in order for a state to bring a case in court, especially the Supreme Court, a state must show it has been injured. In essence, the court said Texas could not show that it was injured by the way other states conducted their elections.
"Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections," the court wrote.
Justice Samuel Alito, joined by Justice Clarence Thomas, wrote that in their view the court does "not have discretion to deny the filing of a bill of complaint in a case that falls within our original jurisdiction."...
TWELFTH AMENDMENT
The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and of all persons voted for as Vice-President, and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate;— The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted;—The person having the greatest number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.—The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
2 U.S. Code § 7.Time of election (click here)
The Tuesday next after the 1st Monday in November, in every even numbered year, is established as the day for the election, in each of the States and Territories of the United States, of Representatives and Delegates to the Congress commencing on the 3d day of January next thereafter.
(R.S. § 25; Mar. 3, 1875, ch. 130, § 6, 18 Stat. 400; June 5, 1934, ch. 390, § 2, 48 Stat. 879.)
3 U.S. Code § 2.Failure to make choice on prescribed day (click here)
Whenever any State has held an election for the purpose of choosing electors, and has failed to make a choice on the day prescribed by law, the electors may be appointed on a subsequent day in such a manner as the legislature of such State may direct.
(June 25, 1948, ch. 644, 62 Stat. 672.)
