The legal state of play after the election

As was to be expected, Trump is doing everything that he can to raise suspicions about the election process in an effort to reverse the results in those states that he has lost and those he fears he might further lose. The chief weapon in his arsenal is the legal process and already new lawsuits have been filed to add to those that were filed even before election day.

Post-election litigation is normal. Lawsuits are always filed on election day and the days after in response to issues such as equipment malfunctions, printing errors and polls not opening on time.

Usually, they receive little attention. This year, they are under more intense scrutiny because the president has spent the year making frequent, baseless claims about election fraud.

For one of these routine cases to affect the outcome of the election, the ballots being contested would need to be both (a) big enough in number to determine the state’s result (for example, a suit which concerns 50,000 votes in a state a candidate won by 30,000 votes) and (b) in a state decisive for the election result.

As of Wednesday evening, election law experts said none of the lawsuits filed appeared to meet both these qualifications. “These case don’t seem to be very strong, they also don’t seem to be significant as a matter of votes,” said Paul Smith, vice-president for litigation and strategy at the Campaign Legal Center.

That could change as counting continues.

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Let the Trump shenanigans begin!

If you heard a rushing wind earlier today, that was the sound of almost the entire world all at once exhaling a sigh of relief when it began to look as if Donald Trump was going down to defeat. Late last night things did not look good at all and I for one feared the worst when I went to sleep.

It looks like Joe Biden will eke out at least a narrow win in the electoral college in addition to winning the national popular vote by almost three million. The states of Arizona and Nevada where he is leading now will give him the 270 votes he needs. The electoral vote margin may get larger depending on how Pennsylvania (20) goes, and could become quite large in the unlikely event that Georgia (16) and North Carolina (15) also go for him. So basically, depending on how these last three states go, Biden could be anywhere from 270 to 321, with Trump ranging from 217 to 268 since Alaska’s three votes will very likely go to Trump.
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Well, here we are in limbo

[UPDATE: The AP has called Arizona for Biden, giving him 238 EVs. They also explain state by state the basis of each call.]

I followed the election results until about 11:00pm Pacific Time (Wednesday 2:00 am ET) and went to sleep feeling really depressed because at that time it looked like Trump would win. I woke up this morning fully expecting that he would have been declared the winner but was surprised and relieved to see that the contest is still open. As of this writing, Biden has 227 electoral votes while Trump has 213, leaving 98 EVs still to be allocated, with 270 needed to win.
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Trump goes after … Lady Gaga?

Even on the eve of the election, Trump can’t resist getting distracted and going off message by attacking random people in his closing rallies. This time it was Lady Gaga who had appeared with Joe Biden earlier in the day.

Trump made fun of her name but he could also have drawn attention to her footwear. It is impressive that she can walk on those.

The last minute campaign frenzy

As of this morning, over 95 million votes have already been cast, about 70% of the total votes cast in the 2016 election, with expectations that it will reach over 100 million by election day morning.. Given that Trump has been bad-mouthing early voting, it is likely that it is his supporters who will dominate in the in-person voting numbers and those are the tallies that will be reported early in the counting process.

As is always the case, the last day before an election sees candidates in a frenzy of holding campaign rallies and advertising blitzes in an effort to sway those election day in-person voters. Today Trump is holding five rallies in four states (North Carolina, Wisconsin, Pennsylvania, and Michigan) and while Joe Biden is slightly less frenetic and going to just two states (Ohio and Pennsylvania). All these states were won by Trump in 2016.
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The hate speech conundrum

The problem of hate speech never goes away. What to do about people who say or write the most hateful things is problematic to say the least. The freedom to say whatever one likes is not absolute even in the US where the First Amendment provides robust protection for almost any kinds of speech. There are certain things that you cannot say, and this article summarizes the kinds to things that are allowed and not allowed. You are not allowed to “incite actions that would harm others” or to “make or distribute obscene materials”. Interestingly, you are allowed to “engage in symbolic speech, (e.g., burning the flag in protest)” but you are not allowed to “burn draft cards as an anti-war protest”.
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“Trump is the worst criminal in human history”

The person who said this is renowned linguist and political analyst Noam Chomsky. How did Trump beat out the usual favorites for that title such as Hitler and Stalin? Chomsky explains in an interview that while those people targeted specific groups of people for extermination, Trump’s appalling policies that will aggravate global warming risks the extinction of everyone.
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