Alito, Gorsuch, and Thomas -good lord. If postmarked by November 3rd, they should be considered on-time. What about states that have all mail-in voting? Jeebus.
In an opinion joined by Justices Thomas and Gorsuch, Justice Alito writes that it’s too close to the election to take up the case—but notes that #SCOTUS could still take the dispute up *after* the election if the late-arriving ballots make a difference. pic.twitter.com/xm3MHGT8PQ
— Steve Vladeck (@steve_vladeck) October 28, 2020
They are waiting to see if Pennsylvania is the turning point in the election. If it is the deciding factor they will take up review and throw out “late” ballots if necessary. They are a court born of corruption so I will expect them to act corruptly.
One could argue this – but FDR kept pushing his plan for months after the Court had ruled to support several of his New Deal programs.
Make a difference To Who
I’d like an answer to that question, preferable with pictures as I’m a little dense
This is not a win for Democrats in any way. It is a maximal corruption approach. Refuse to give PA residents a clear indication of what is required up front; allow them to think their ballots have a longer time period to make it in; and then adjust in favor of the Republican after the fact if necessary.
The Vermont Secretary of State calls out Kavanaugh. Good on 'em.
We have formally requested that #SCOTUS correct the erroneous claim by Justice Kavanaugh that #VT has not changed voting procedures for the #2020Elections due to #COVID19. When it comes to issuing decisions on the voting rights of American citizens, facts matter. pic.twitter.com/cWvAJTuIEl
— Vermont Secretary of State’s Office (@VermontSOS) October 28, 2020
“The provisions of the Federal Constitution conferring on state legislatures, not state courts, the authority to make rules governing federal elections would be meaningless if a state court could override the rules adopted by the legislature…"
I’m not some big-shot GOP lawyer like Alito, but didn’t Marbury v. Madison establish the principle of judicial review, giving courts the power to strike down laws, statutes, and other government actions?
Maybe somebody could explain to a naïve waif like me why the concept of “judicial review” somehow applies only at the federal level, and not at the state level.
Pennsylvania has already said they are segregating these ballots, just in case.
State Constitution: The right of every citizen to vote is inviolable, and the Legislature shall make no law unduly limiting access to voting.
State Legislature: Passes the Disenfranchising Minority Voters Act of 2020.
State Supreme Court: The Disenfranchising Minority Voters Act of 2020 is unconstitutional.
Alito, Gorsuch, and Thomas: Your state constitution is unconstitutional. The Disenfranchising Minority Voters Act of 2020 must be reinstated.
If Biden wins with a strong majority in the Senate, then John Roberts will retire from the Supreme Court. There will be a strong momentum to add more justices to the Supreme Court and Roberts will not tolerate that.
Jesus Christ, people are catastrophically misreading this.
This was an 8-0 vote to deny the PA GOP’s request that they expedite their vote on whether to grant cert. Thomas. Alito and Gorsuch wrote a concurrence, not a dissent, saying they agreed it was too late to hear this before the election but not to hear the case before the vote is certified in December. This concurrence exactly tracked and falsly restated as settled law the terrifying Kavanaugh-Gorsuch dissent in the earlier case that basically said “state legislatures are free to select electors in defiance of the popular vote in their state and federal courts have the power and duty to prevent state courts and governors from interfering.”
The point here was not to signal restraint or stepping back. It was to signal to Republican state legislatures that there are four votes to grant cert–which is all it takes–and that there are almost certainly five votes to sustain election theft.
This is not soothing or reassuring. It is goddamn purely, starkly terrifying!
I resent the imputation that beer could impair a person’s thinking to the extent shown in K.'s opinion. As a brewer and a drinker, I assure you that beer might cause lacuna, but it does not create impudent stupidity where it does not already exist.
Tequila and cocaine, on the other hand…
Much like Obama broke the black ceiling to become president, it’s looking more and more like Joe Biden might break the “Joe Biden” ceiling and become president and Kamala break the lady VP glass ceiling.
Good, and Roberts can go fuck himself and the horse he rode in on. Happy Trails, Motherfucker.
I actually don’t think they will because the whole thing turns on a preposterous technicality. I also think think they won’t overturn Roe but they’ll continue chipping away until there’s nothing left of it.
Pennsylvania has already given orders to do so to ensure that the the whole election doesn’t get thrown out.
And in PA, with Governor Wolf, could this even fly?
“State legislatures would almost certainly have to pass a new law or resolution to make any change. In each state, a majority of legislators would have to agree. And, depending on the form of the enactment, it might or might not be subject to a governor’s approval – or a veto override.”
You seem not to be aware the the entire point of the putting Gorsush, Kavanaugh and Barrett on the Court was to usher in a new age of judicial activism by resort to preposterous technicality.
I am not being cute or funny. That is literally why they were put on the Court. And Alito and Thomas have always been good with that.
Which Roberts definitely failed to do when Keggernaugh wrote his opinions the other day.
Joe Biden does need a commision coming back to him in (180 days/6mos) to tell him to put these folks(Supreme Court) in check,NOW !