Supreme Court Allows Extension for Mail-In Ballots in Pennsylvania

[Gothmog]

Source: Wall Street Journal

The Supreme Court on Monday refused to disturb a ruling by Pennsylvania’s highest court that extended the battleground state’s deadline for accepting mail-in ballots, a win for Democrats that gives voters more time to navigate postal delays and avoid in-person voting.

Read more: https://www.wsj.com/articles/supreme-court-allows-extension-for-mail-in-ballots-in-pennsylvania-11603149426

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Link to tweet

[elleng]

1. THANKS!

[C Moon]

2. Woo hoo!

[BumRushDaShow]

3. Just got the WaPo breaking

Supreme Court denies GOP request to stop extended period for returning mail ballots in Pennsylvania

By Robert Barnes
Oct. 19, 2020 at 7:28 p.m. EDT


The Supreme Court Monday night allowed Pennsylvania election officials to count mail-in ballots received up to three days after Election Day, refusing a Republican request to stop a pandemic-related procedure approved by the state’s supreme court. The court was tied, but that means a request to put the state’s court ruling on hold failed. The court’s four most conservative justices — Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Brett M. Kavanaugh — said they would have granted the stay. But it takes five votes to issue a stay, and that means Chief Justice John G. Roberts Jr. sided with liberal Justices Stephen G. Breyer, Sonia Sotomayor and Elena Kagan. Neither side explained the vote, which often is the case in emergency requests.

[snip]

Pennsylvania has particular significance because it is crucial to President Trump’s reelection fortunes. He defeated Hillary Clinton there in 2016 by 44,000 votes, or less than 1?percent. The Pennsylvania Supreme Court ruled in Democrats’ favor last month on a number of mail-voting rules: permitting voters to turn in ballots via drop box in addition to using the U.S. Postal Service; allowing ballots to be returned up to three days after Election Day; and blocking a Republican effort to allow partisan poll watchers to be stationed in counties where they do not live.

Pennsylvania’s Republican legislators and the state GOP asked the U.S. Supreme Court to weigh in only on the ruling pushing back the deadline for mail ballots to arrive. The state court said such ballots must be counted if they are postmarked by Nov. 3 — and even if no postmark is discernible “unless a preponderance of the evidence” shows that the ballots were mailed after Election Day. “In a year where there is a very real possibility that the final presidential election result hinges on Pennsylvania, the new rules imposed by the decision of the Supreme Court of Pennsylvania (a body elected in partisan elections) could destroy the American public’s confidence in the electoral system as a whole,” said the stay request filed by the Republican leaders.

The state supreme court decision was based on a clause in the commonwealth’s constitution mandating that “all aspects of the electoral process in Pennsylvania be open and unrestricted so as not to disenfranchise Pennsylvania voters,” the state’s Democratic Attorney General Josh Shapiro said in defending the state court decision. “The Pennsylvania Supreme Court’s decision protected that right and brought much needed clarity to the exigent circumstances surrounding a global pandemic,” Shapiro wrote. “In doing so, that court ensured that Pennsylvanians would not be forced to choose between exercising their right to vote and protecting their health.” He rejected the claim of Republicans that the decision essentially extended the election beyond Election Day, and said it was a key aspect of federalism that states decide how to run their elections.

https://www.washingtonpost.com/politics/courts_law/supreme-court-pennsylvania-ballots/2020/10/19/4fd106a6-08a6-11eb-a166-dc429b380d10_story.html

[Gothmog]

8. Thanks

I prefer the Washington Post over the WSJ

[BumRushDaShow]

9. You can often read the WSJ without a paywall

by getting there via a link in a tweet to one of their articles as I found out from mahatmakanejeeves. But agree that WaPo is definitely better than a Murdoch-owned rag.

[Gothmog]

20. I have a Washington Post subscription

I like the Washington Post

[BumRushDaShow]

22. I have that and a NYT one

The mobile apps for both offer the banner alerts, which have been great for me because I have an iPad plugged in near where I sit and can see the breaking news banners pop up.

When I used to go down to the D.C. metro for work-related stuff, I would pick up a paper each day I was there to scan and bring back to my mom, who was a voracious newspaper reader.

[elleng]

13. 'The court was tied, but that means a request to put the state's court ruling on hold failed.

The court’s four most conservative justices — Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Brett M. Kavanaugh — said they would have granted the stay. But it takes five votes to issue a stay, and that means Chief Justice John G. Roberts Jr. sided with liberal Justices Stephen G. Breyer, Sonia Sotomayor and Elena Kagan. . .

The state supreme court decision was based on a clause in the commonwealth’s constitution mandating that “all aspects of the electoral process in Pennsylvania be open and unrestricted so as not to disenfranchise Pennsylvania voters,” the state’s Democratic Attorney General Josh Shapiro said in defending the state court decision. “The Pennsylvania Supreme Court’s decision protected that right and brought much needed clarity to the exigent circumstances surrounding a global pandemic,” Shapiro wrote. “In doing so, that court ensured that Pennsylvanians would not be forced to choose between exercising their right to vote and protecting their health.” He rejected the claim of Republicans that the decision essentially extended the election beyond Election Day, and said it was a key aspect of federalism that states decide how to run their elections.'

[BumRushDaShow]

15. Yes

and had Barrett been there, it would have probably been at least 5-4 to approve a stay, which is probably why Graham has accelerated his schedule to try to move her as fast as he can out of Committee and jam her to the Senate floor for a final vote by this weekend (at least form what I thought I read).

[Hoyt]

4. Every now and then, they surprise us.

[moonscape]

5. After Barrett gets onto the Court, no more surprises n/t

[elleng]

14. Maybe, maybe not:

'The state supreme court decision was based on a clause in the commonwealth’s constitution mandating that “all aspects of the electoral process in Pennsylvania be open and unrestricted so as not to disenfranchise Pennsylvania voters,” the state’s Democratic Attorney General Josh Shapiro said in defending the state court decision. “The Pennsylvania Supreme Court’s decision protected that right and brought much needed clarity to the exigent circumstances surrounding a global pandemic,” Shapiro wrote. “In doing so, that court ensured that Pennsylvanians would not be forced to choose between exercising their right to vote and protecting their health.” He rejected the claim of Republicans that the decision essentially extended the election beyond Election Day, and said it was a key aspect of federalism that states decide how to run their elections.'

[moonscape]

21. Terrifying going forward:

https://www.democraticunderground.com/100214320468

[NorthOf270]

25. This was no surprise

It was a tie with one less member. Roberts recognizes the political minefield but he'll no longer be the "deciding vote" very soon.

Once that creepy creature is seated, that ends. And our nation ends as well.

[Hoyt]

26. Fact is, a conservative leaning SC voted to allow the state SC decision to remain. I think we are

overthinking this and looking for something else to be afraid of. I get that feeling, but this is a good sign. I also expect the Justices might actually rule differently if they had to decide the case in-depth and outright.

[42bambi]

6. I'm impressed ... for now anyway. Thanks USSC!

[bucolic_frolic]

7. Well, we would have lost if crazy pants were there

But the SC to my view is steering an uncertain course. At times they invalidate election laws, at times they defer to state courts. I think they're trying not to be the arbiter of last resort because it is a virtually infinite subject for appeals and more appeals. It would show a divided judiciary up and down the court system. Congress might actually get serious and write more election law which would be bad for business.

[Goonch]

10. ;-{)

;-{)

[LymphocyteLover]

11. this is HUGE!

[orangecrush]

12. KICK

[lordsummerisle]

16. k&r n/t

[BumRushDaShow]

17. Statement from PA Democratic Party chair

PA DEMS STATEMENT ON HARRISBURG REPUBLICANS’ SUPREME COURT DEFEAT
Uncategorized · Oct 19, 2020

PENNSYLVANIA — Today, the Pennsylvania Democratic Party released the following statement on the US Supreme Court’s decision to disregard Harrisburg Republicans’ suit that would shorten the ballot receipt deadline in Pennsylvania:

“This is a significant victory for Pennsylvania voters,” said Nancy Patton Mills, chairwoman of the Pennsylvania Democratic Party. “Harrisburg Republicans have had every opportunity to get serious and work to empower Pennsylvania voters, but at every turn, they have chosen the route of attempting to sew confusion, disenfranchise eligible voters, and silence the voices of Pennsylvanians. The Supreme Court was right to throw out their latest bad-faith effort to muddy this election — and now Pennsylvania voters are ready to throw out Harrisburg Republicans on election day. We need a Democratic legislature that will fight for everyday Pennsylvanians and their right to vote.”

# # #

https://www.padems.com/pa-dems-statement-on-harrisburg-republicans-supreme-court-defeat/

[srose58089]

18. 4-4 tie upholds lower court ruling allowing for extension

My understanding is Chief Justice Roberts sided with the 3 liberal justices to allow the lower court ruling to stand. Justices Clarence Thomas, Samuel Alito, Neil Gorsuch and Brett "I like beer" Kavanaugh would have reversed the lover court ruling. I wonder how the handmaiden would have ruled.

[Gothmog]

19. Prof. Hasen is advising that everyone vote ASAP

Link to tweet

[Bengus81]

23. That's only good if you get them in the first place....

Look at Ohio

[NorthOf270]

24. The SCOTUS essentially punted

When Hot Dog is seated, this goes away.

We have to win PA by double digits. Fucking Hot Dog will do anything to please her new master. Daddy Rump.