The headline news here is that, by a 5-3 vote, SCOTUS made it harder for Wisconsin residents to cast

[riversedge]

More bad news




The headline news here is that, by a 5–3 vote, SCOTUS made it harder for Wisconsin residents to cast a ballot and make sure it's counted.

But arguably the bigger news is that Brett Kavanaugh endorsed a theory so radical that the court refused to adopt it in Bush v. Gore. My God.

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This is VERY BAD NEWS for voting rights. Appallingly bad. Brett Kavanaugh used a footnote to throw his support behind an extreme theory that would severely limit state courts' ability to protect voting rights. It's the revenge of Bush. v. Gore. Actually, it's much worse.

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How radical is Kavanaugh's theory? John Roberts felt compelled to reject it in a separate opinion, correctly noting that federal courts should keep their noses out of a state court's interpretation of its own state's election laws.

Roberts is now the moderate on voting rights.

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Gorsuch also endorsed Rehnquist's position in Bush v. Gore. And Kavanaugh joined his opinion. Both want to prevent governors, state courts, and state agencies from expanding voting rights—and have federal courts decide what how the legislature *really* wanted elections to be run.

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As fate would have it, I wrote about this exact issue in an article that published minutes before SCOTUS handed down this order. I urge you to read it, because this is the next fight. It's already here. We're staring down the barrel of Bush v. Gore II.

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condensed version

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One of Trump’s justices just suggested blocking state courts from protecting voting rights: analysis


https://www.rawstory.com/2020/10/one-of-trumps-justices-just-suggested-blocking-state-courts-from-protecting-voting-rights-analysis/

Published 8 mins ago on October 26, 2020

By Matthew Chapman

Accused rapist Brett Kavanaugh testifies during a rage-filled hearing about his fitness for office/Screenshot

On Monday, the Republican-appointed justices on the Supreme Court rejected a push to expand Wisconsin’s ballot processing deadline so that votes received after Election Day will count, as long as they are postmarked by the proper day.

But according to Slate legal journalist Mark Joseph Stern, Justice Brett Kavanaugh signaled he would have been willing to go even further — and embrace a legal theory saying that not only should federal judges be blocked from expansion of voting rights ahead of elections, but state judges should be as well.

Such a theory, Stern noted, was suggested by right-wing former Chief Justice William Rehnquist in the Bush v. Gore ruling that decided the 2000 presidential election — but not even all the other conservative justices agreed with it.

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[Eliot Rosewater]

1. They are going to send the election to the courts somehow and then it is over

and then patriots will not be able to accept that...no sir...absolutely not.

[Stargleamer]

2. Just another JFC

one among so, so, very, very many these last 3.5 years

[Blue Owl]

3. We just gotta be sure we make Biden's win a LANDSLIDE

Fuck the frat-boy beer-swilling dick-waver and his new handmaid

[SharonClark]

4. May I suggest that people posting tweeter feeds

condense them in chronological order so they are readable and not repetitive?

How many times did I have to scan past the same Holy Shit post to try to get to the main point if the entire post?

Thank you!

[Rice4VP]

5. People need to just walk their ballot to a drop box

or do in person absentee. No excuses.

You knew that Election Day was going to be on November 3, 2020 your entire adult life. You can’t blame the horrid Repugnants if you don’t return your ballot on time. Anyone who took the time to request a ballot needs to take the responsibility of sending in back with time to spare

[TheRealNorth]

6. Yeah

It's not like the Republicans are doing their best to limit the number of drop boxes. Or rip out mailbox that you could drop off your absentee ballot in. Or for some Trumpist in the postal service to throw your mail-in ballot in the trash.

If the courts throw this to Trump, it's torches and pitchforks time.

[Rice4VP]

7. Well, we know all of that but somehow

60M+ people still managed to get off of their butts and vote early. I’ve seen women over 100+, handicapped people, people with canes, old men standing in the rain going out to vote. We literally have had over a month of voting

We knew about the post office debacle since September. Enough excuses

[TheRealNorth]

10. When I was in college

I voted by absentee ballot in 3 election cycles. I didn't have a car at that time, so driving 400 miles to vote where I was registered wasn't exactly a viable option if the ballot took 4 weeks to get to me and then another 4 weeks to get back.

[lostnfound]

8. Over 40 days and counting and still no ballot for my friend who is out of town

Post office playing games in both directions
Request for ballot was sent in around Sep 15. Still no ballot in hand.

[Rice4VP]

9. I don't know what to say...

I’ve heard of people driving back home to cast their ballot. If an astronaut can LITERALLY vote from space...

[Polybius]

11. Wow, that's insane!

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