For the last several months--since the abdication of the Roberts SCOTUS from involvement in Election 2020--we've been speculating about a possible 'Roberts strategy' for election law. The basic idea is that, based on recent election law rulings, CJ Roberts has devised a federalist strategy for extricating the SCOTUS from the swamp of election lawsuits--to the extent possible--by returning primary responsibility for elections to the states. Which is precisely where the Constitution places the exclusive responsibility. What a concept! That, of course, would run counter to the federalization of all elections that has been trending--at the instigation of the Left--for several decades.
The rubber may hit the road on Monday, when Jonathan Turley expects a ruling in the Arizona election law case that came to the SCOTUS from the Ninth Circuit. This term--since the election in any event--the SCOTUS seems to have adopted a policy of issuing quite narrow--perhaps excessively narrow--rulings, but on largely unanimous grounds. But it's difficult to see the Court disposing of the AZ case on narrow procedural grounds if Roberts truly has a strategy in mind. The AZ case seeks to legitimize the Left's favorite electoral tactics of ballot harvesting and so forth which the AZ law bans. If the Roberts court returns responsibility to the states there should be a scramble to rewrite elections laws--with the legislatures being held accountable to the voters.
In this context of a pending decision in the AZ case, DoJ took the step of initiating a lawsuit challenging Georgia's new law. Does the Zhou regime know something? Or, in my opinion, is this a last ditch effort to influence the SCOTUS decision in the AZ case? Or is it possibly an attempt to steal some of the thunder from a decision that Dems fear, for consumption of their base?
Jonathan Turley, law prof at Geo Washington U., has weighed in at Fox News with some interesting thoughts on the matter.