You know what "fundamentally alters the nature of" an election? A pandemic.The U.S. Supreme Court on Monday night ruled that Wisconsin cannot accept absentee ballots postmarked after its voting day Tuesday.
In a 5-4 vote along ideological lines, the conservative justices sided with Republican state lawmakers by halting a lower court order to extend absentee voting to April 13, a measure that would have expanded options for avoiding in-person voting amid the coronavirus pandemic.
“Extending the date by which ballots may be cast by voters — not just received by the municipal clerks but cast by voters — for an additional six days after the scheduled election day fundamentally alters the nature of the election,” the majority opinion states, noting that the lower district court erred by providing such relief.
The Hill
Remember how Republicans complained for decades about "activist judges"?The decision came just hours after the Wisconsin Supreme Court overturned Gov. Tony Evers’s (D) executive order to postpone Tuesday’s vote, sowing confusion and chaos around a critical election featuring a Democratic presidential primary and a pivotal state Supreme Court seat.
Evers had sought to push back the in-person voting date until June 9 and said that all mail and absentee ballots sent up to that date would be counted.
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Justice Ruth Bader Ginsburg wrote a dissent that was joined by fellow liberal justices Stephen Breyer, Sonia Sotomayor and Elena Kagan.
“The district court, acting in view of the dramatically evolving COVID–19 pandemic, entered a preliminary injunction to safeguard the availability of absentee voting in Wisconsin’s spring election,” Ginsburg wrote. “This court now intervenes at the eleventh hour to prevent voters who have timely requested absentee ballots from casting their votes.”
Ben Wikler, chair of the Democratic Party of Wisconsin, slammed the decision.
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"Under the district court’s order, they would be able to do so. Even if they receive their absentee ballot in the days immediately following election day, they could return it," Ginsburg added. "With the majority’s stay in place, that will not be possible. Either they will have to brave the polls, endangering their own and others’ safety. Or they will lose their right to vote, through no fault of their own."
[...]
"The Supreme Court of the United States legislated from the bench today, following Trump team's orders and writing a new election law to disenfranchise untold thousands of Wisconsin voters and consign an unknown number of Wisconsinites to their deaths."
...but hey, do what you want...you will anyway.
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