December 08, 2016

#Recount2016 — quick Michigan update

A federal district judge, Mark Goldsmith, has changed his earlier ruling and deferred to a Michigan state appellate court saying Jill Stein is not an "aggrieved party" and therefore put her recount effort there back on hold. She's apparently going to next appeal within the state court system to the Michigan Supreme Court.

Quick analysis.

1. She should have followed this route all along. Failure to do so is probably why the 6th Court of Appeals on the fed side overruled Goldsmith. It probably mentioned deference to the state court process.

2. At the same time, this shows some of the things wrong with federalism.

3. This also illustrates the "why" of my call to use the Constitution's stipulation of the presidency as America's one national race to use that to implement national vote standards for, at least, that one race.

4. The Michigan electoral statute seems pretty clear. Stein is not an aggrieved party. Did her lawyers check that in advance? Hey, David Cobb, YOU are a lawyer, too!

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