Tuesday, October 27, 2020

Kavanaugh at work

The Supreme Court on Monday refused to extend the election-day deadline for mail ballots in Wisconsin, rejecting appeals from Democrats who said the Postal Service may not be able handle the flood of election mail by Nov. 3.

The justices by a 5-3 vote left in place a ruling by the 7th Circuit Court in Chicago that blocked relaxing the deadline in response to the pandemic.

The court's five Republicans appointees were in the majority, while the three Democratic appointees — Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan — said they would have granted the appeal.

[...]

Democrats and voting rights advocates had argued that mail ballots that arrived up to six days after Nov. 3 should be counted if they were postmarked by election day. They won a ruling from a federal district judge in Madison, but lost by a 2-1 vote in the 7th Circuit.

[...]

The outcome stands in contrast to the court's ruling in a similar dispute from Pennsylvania. On a tie vote, the justices let stand a ruling from Pennsylvania's high court that extended the deadline for three days for ballots that were mailed by election day.

[...]

In a concurring opinion, Justices Neil M. Gorsuch and Brett M. Kavanaugh said the federal judges should not have intervened in the first place.

[...]

"The Constitution provides that state legislatures — not federal judges, not state judges, not state governors, not other state officials — bear primary responsibility for setting election rules," Gorsuch wrote in Democratic National Committee vs. Wisconsin State Legislature.

  MSN
Then why are you even hearing the case? Also...
[L]awyers for the Democrats pointed to the Supreme Court's ruling in April that allowed for counting late-arriving ballots in Wisconsin. Then, the court in an opinion siding with the Wisconsin Republicans, said ballots that were "postmarked by election day" would be counted in the primary, even if they arrived up to six days late.

...but hey, do what you want...you will anyway.

UPDATE:



Kagan's dissent footnote:






And the topper:



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