The Big Bipartisan Bill to Prevent Another Jan. 6 Has One Potentially Fatal Flaw

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The Big Bipartisan Bill to Prevent Another Jan. 6 Has One Potentially Fatal Flaw
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Congress needs to fix this ASAP.

negotiation among 16 senators from both sides of the aisle, admirably led by Republican Susan Collins of Maine and Democrat Joe Manchin of West Virginia.On Wednesday, the Senate Rules Committee, chaired by Sen. Amy Klobuchar of Minnesota, heard testimony about the. The hearing was a model of bipartisan agreement. There was consensus that repairs to the ECA must be achieved now, before this Congress ends, so that new, agreed-upon election rules are in place for 2024.

Indeed, if anything, the bipartisan agreement and sense of urgency carried with them a rush to consensus that papered over a major hole left by the bill as drafted. Sen. Angus King of Maine asked a question putting his finger on it, but the responses were unsatisfactory. King inquired about a fringe legal theory that the Supreme Court will be considering in a case to be argued this Fall. King expressed concern about the the“

theory” that the reactionary court majority may adopt. He asked whether it might undercut what the ECRA seeks to achieve.Under an extreme version of this theory, state legislatures can purportedly decide whatever they want in presidential elections, without court review or concern for the majority vote, even after the ballots have been cast.

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