You don’t think Trump is going to cry fraud in states like PA where he is very likely to be ahead at midnight on election night? From there he challenges the mail in vote and Kav and Co. just have to literally stick to the opinion he already wrote.
It almost seems like it would be good if some states didn’t report any results until they are ready to certify.
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This thread has me so depressed i gonna have to quit it.
I am gaming out the worst case.
They steal the presidency, keep the senate.
Surely we keep the house.
It can’t be hopeless, game over if we have the purse strings?
Go ahead and tell me how wrong i am :(
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Isn’t the fear with the Kavanaugh decision something like:
- State is counting ballots
- 12:01 AM, republicans file emergency injunction in state court to stop count
- State court says lol no
- Republicans file emergency injunction in federal court to stop count. Court issues TRO stopping count until we figure out what the hell is going on
- Case makes its way to SCOTUS, which rules that the state court was interpreting the state legislature’s instructions for appointing electors incorrectly, stops count, directs the state to certify the count based on ballots counted on Election Day.
I think this is less likely than a lot of other mechanisms for stealing the election, and I think I have more trust in Roberts/Gorsuch/Kav to have some sense of shame than most people here, but it’s still very much on the table imo.
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How did that work out when Trump said “lol fuck you I’m gonna use billions from something else to build the wall”?
I guess you need 2 of those 3 but I think basically Kav/Gorsuch is the ballgame and Kav already tipped his hand. The Kav footnote is why people are freaking out. If this election is decided at midnight on the 3rd Trump and likely the Republicans win in a landslide.
He already had that money.
Become the party of shut it down.
It doesn’t matter what Trump is whining about and there is no constitutional argument to shut down the count because of “voter fraud.” Again, it is absolutely possible that what you’re describing occurs, but the states will not certify results based on a partial count. Also these Supreme Court justices are real people with incredibly cushy lives and if they go full coup they introduce a very wide range of personal outcomes.
I agree with what you are saying which is why I don’t think it’s the most likely outcome. But if you are Kav what is the purpose of the footnote in yesterday’s opinion? These guys might be evil but they aren’t morons and they don’t just flippantly put stuff like that in opinions for no reason.
Also you have a lot of faith in the constitution for someone who hates lawbros.
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Back to 88/12 and GA back to blue, but everyone ITT is sad.
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I memed it specifically!
Yes? Being on stage owning Hiding in front of tens of millions? Better than JFK over Nixon. Did you know JFK was a democrat? Not many people know that.
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Pwn the libs?
Unbelievable. I am in full conspiracy mode wondering if it was deliberately done for this very reason.
I’m optimistic that the Philly thing doesn’t really depress turnout by any significant amount. While it makes sensational headlines, if you’re actually a resident and voter in a large urban city, you’re aware it’s very localized, and isn’t going to keep you from voting if you’re in another neighborhood, suburb, or other part of the city.
On paper Kav’s opinion is exactly what people are worried about:
I agree with this justice’s opinion and hopefully that is the opinion of the majority of the court. Unfortunately this opinion is a dissent from Kagan…
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The WI state law very clearly, explicitly says that ballots have to be in by 8pm on Election Day to count. A lower court, frankly, made shit up to say 6 days later is fine because of COVID. Kavanaugh says our deference to state courts a) doesn’t have to be so extreme as to ignore clear state law b) the state law isn’t arbitrarily denying the right to vote, it’s to ensure a timely count for good reason.
Honestly, the reasoning is perfectly fine. It’s the bad faith that permeates everyone from Dejoy fucking w/ the post office to the R gerrymandered WI state legislators to the rigged Supreme Court that make it frustrating/concerning but we are no where near outright coup talk… yet…
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Maybe he had a beer or two before he decided to add the footnote. From what I’ve heard he does like beer!
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I guess I always assumed that as long as a state law was not in violation of the Constitution or a Federal law, that the highest court that could adjudicate it is the state Supreme Court. What is the legal concept that allows the SCOTUS to intercede in the interpretation of state law?
Some of you guys should really read Kav’s concurrence. This isn’t directly on point but close enough:
The obvious takeaway from this is that the SC can overturn any state court rulings on the meaning of state election laws. The remaining question is how far would they push this. If they are willing to go all the way the SC could interpret state laws however they saw fit.