As everyone has probably seen by now, we did not prevail at the US Supreme Court on our effort to preserve the win in the Seventh Circuit. We did preserve some of what we won in the District Court, so the unchallenged portion of the District Court’s injunction remains intact. 1/
But I am disturbed by the SCOTUS opinion. Perhaps the most significant cause of my concern is that the primary ground that the per curiam majority gives for ruling against us is that it claims the District Court awarded us relief — allowing mail-in absentee ballots ... 2/
Postmarked after April 7 and received by April 13, to be counted. SCOTUS says we never asked for that but the District Court gave it to us anyway. That is wrong. You want to see for yourself? OK, here is the express language that we included in our TRO motion filed March 28. 3/
“plaintiffs respectfully submit that the April 7 election schedule for Wisconsin’s in-person election at polling places be postponed for a reasonable period until the end of Governor Evers’ emergency order on April 24, that the process for voter requests and submissions . . . “4/
“... of mail-in absentee ballots be extended beyond April 7, and that the burdensome requirements of the witness requirement and photo ID be suspended pending such time.” You catch that? We asked the District Court to extend ALL deadlines for the submission of ... 5/
... mail-in absentee ballots to be extended beyond April 7, without regard to any postmark date. The postmark date is a red herring; state law doesn’t require it, and we didn’t ask for it. Instead, we asked the judge to order @WI_Elections to count any mail-in ballots ... 6/
... returned by April 13. You see how that is actually BROADER than what the RNC/RPW/Legislature said we asked for, and BROADER than what the per curiam majority said we asked for? Well if you do, then you are perceptive like Justice Ginsberg, whose dissent saw that too. 7/
But here is the good news: there are a number of incredibly dedicated, hard-working lawyers who care about the ability of Wisconsin voters to have their votes counted. I don’t care if you vote Republican, Democrat, or other. I want to ensure that your vote is counted ...8/
... because free, fair, and complete elections are the foundation of our democracy. We’ll do our part, and so I ask that all of you do yours: advocate, educate, knock on doors, help people to submit their votes, run for office, and VOTE!!!. End.
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