Let's review two pieces of news from the last week. First, the American coronavirus pandemic is entering its worst stage yet, with cases and deaths skyrocketing across the country. Last Thursday saw over 3,000 deaths — more than 9/11 or Pearl Harbor — and with ICU beds at or near capacity in most of the country, absent serious change it is possible there will be double or even triple that number per day in a matter of weeks. We may yet top the deadliest day in American history, the Galveston hurricane of 1900 that killed an estimated 8,000 people, very soon. President Trump is doing precisely nothing about this.
Second, Texas Attorney General Ken Paxton, who is under investigation for bribery and abuse of office, filed a baldly seditious lawsuit calling for the Supreme Court to overturn the election results in Georgia, Pennsylvania, Wisconsin, and Michigan, and hand their electoral votes to Trump. It was flatly an attempt to overturn the 2020 election, end constitutional government, and install Trump in power. Before the Supreme Court threw the suit out Friday night, 17 other Republican state attorneys general had joined him, along with 126 members of the Republican caucus in the House, while Senator Ted Cruz (R-Texas) has agreed to represent Trump. And this is just one of dozens of attempts that Republicans at all levels of government have concocted to overturn Trump's loss.
In short, material conditions in this country have not been this bad since 1932 at least, and the political situation has not been this bad since 1860. The logical endgame of the rapidly-accelerating Republican attempt to destroy democracy while the country burns would be civil war — if it weren't for the high probability that Democratic leaders would be too cowardly to fight.
But it's worth thinking about what a party seriously committed to preserving democracy would do when faced with a seditious opposition party — namely, cut them out of power and force them to behave. Democrats could declare all traitors ineligible to serve in national office, convene a Patriot Congress composed solely of people who have not committed insurrection against the American government, and use that power to re-entrench democracy.
The reasoning here is very simple. All members of Congress swear an oath to protect and defend the Constitution, which establishes a republican form of government. The whole point of a republic is that contests for power are conducted through a framework of rules and democratic elections, where all parties agree to respect the result whether they lose or win. Moreover, the premise of this lawsuit was completely preposterous — arguing in effect that states should not be allowed to set their own election rules if that means more Democrats can vote — and provides no evidence whatsoever for false allegations of tens of thousands of instances of voter fraud. Indeed, several of the representatives who support the lawsuit were themselves just elected by the very votes they now say are fraudulent. The proposed remedy — having Republican-dominated legislatures in only the four states that gave Biden his margin of victory select Trump electors — would be straight-up election theft.
In other words, this lawsuit, even though it didn't succeed, is a flagrant attempt to overturn the constitutional system and impose through authoritarian means the rule of a corrupt criminal whose doltish incompetence has gotten hundreds of thousands of Americans killed. It is a "seditious abuse of the judicial process," as the states of Georgia, Pennsylvania, Michigan, and Wisconsin jointly wrote in their response to Texas trying to steal their elections.
