Wednesday, September 22, 2021

The Incompetence of Rudy Giuliani

Rudy tried to go into court and argue the Pennsylvania election case, and in the process made a complete fool of himself. He told the court, "This is not a fraud case", even after he was telling reporters on the courthouse steps about the supposed widespread fraud in the Pennsylvania presidential election. But the kicker came when the court asked him "What is our standard of review?" Rudy, not understanding the question, replied "the usual one". What Rudy didn't understand is that the court has three standards of review when examining the constitutionality of a statute. The most stringent is strict scutiny, meaning the law in question must have been passed to further a "compelling governmental interest," and must be "narrowly tailored to achieve that interest". Next is intermediate scrutiny, in which the law in question must "further an important government interest", and do so by means that are "substantially related to that interet". And finally we have the rational basis test, wherein those defending a statute must show only that there is a "rational connection between the statute's means and goals". Unfortunately for Rudy and his deranged client, Trump's case failed no matter which standard was used. Hard to imagine a more frivolous case.

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