Read on Twitter
There is no rule that says ballots must be counted on November 3.
Trump has no authority to make up such a rule.
The courts have no authority to enforce such a rule.
Trump is trying to freak you out. Don't let him do it.
Focus on turning out the vote and ignore the bluster.
Trump has no authority to make up such a rule.
The courts have no authority to enforce such a rule.
Trump is trying to freak you out. Don't let him do it.
Focus on turning out the vote and ignore the bluster.
Here is the opinion. The issue is over whether ballots arriving after November 3 will be counted.
This is NOT the same as saying people who vote on election day may not have their votes counted if the counting isn't finished by midnight.
https://assets.documentcloud.org/documents/7276432/10-26-20-DNC-v-Wisconsin-SCOTUS-Order.pdf
This is NOT the same as saying people who vote on election day may not have their votes counted if the counting isn't finished by midnight.
https://assets.documentcloud.org/documents/7276432/10-26-20-DNC-v-Wisconsin-SCOTUS-Order.pdf
3 U.S. Code § 5: States have five weeks to certify their elections, work out any controversies, and choose their electors.
Networks project the winners.
Trump is confusing news reporting and projections with reality TV.
https://www.law.cornell.edu/uscode/text/3/5
Networks project the winners.
Trump is confusing news reporting and projections with reality TV.
https://www.law.cornell.edu/uscode/text/3/5
They are upholding a law that requires voters to “to act in a timely fashion if they wish to express their views in the voting booth."
In practical terms, they're making poor @benwikler scramble to make sure that all ballots are submitted by Nov. 3. https://twitter.com/benwikler/status/1320875581895036928
In practical terms, they're making poor @benwikler scramble to make sure that all ballots are submitted by Nov. 3. https://twitter.com/benwikler/status/1320875581895036928
I was about to say this! 
An originalist can't insist that the results of an election be known on the night of the election. In the 18th century, without telephones or the Internet, figuring out who won a presidential election would take time. https://twitter.com/rbarris/status/1320912347775393793
An originalist can't insist that the results of an election be known on the night of the election. In the 18th century, without telephones or the Internet, figuring out who won a presidential election would take time. https://twitter.com/rbarris/status/1320912347775393793
I finished reading this opinion. Admittedly, I read it quickly.
The rationale behind the ruling is that state legislatures decide the rules that govern the election, and that federal courts should not rewrite the rules.
https://assets.documentcloud.org/documents/7276432/10-26-20-DNC-v-Wisconsin-SCOTUS-Order.pdf
The rationale behind the ruling is that state legislatures decide the rules that govern the election, and that federal courts should not rewrite the rules.
https://assets.documentcloud.org/documents/7276432/10-26-20-DNC-v-Wisconsin-SCOTUS-Order.pdf
The opinion and Kavanaugh's concurrence have nothing to do with courts making up rules, and nothing to do with announcing the winner on November 3.
Trump is trying to freak you all out, and he's really good at it.
Stop giving him so much power over you.
Trump is trying to freak you all out, and he's really good at it.
Stop giving him so much power over you.
I thought I was finished for the evening, but I'll take this one. (You all owe me a Twitter party when Biden is sworn in.)
Take out your notebooks, it's time for Twitter Law 101
A shortened, simplified lesson in election law. Ready? https://twitter.com/bloodnteeth/status/1320925353083371523
Take out your notebooks, it's time for Twitter Law 101
A shortened, simplified lesson in election law. Ready? https://twitter.com/bloodnteeth/status/1320925353083371523
The counting of ballots in Florida was a mess. The election was a mess. The ballots were a mess.
The Florida Supreme Court ordered a recount.
The question put to the Supreme Court was whether the Florida Supreme Court overstepped its role by ordering a recount.
The Florida Supreme Court ordered a recount.
The question put to the Supreme Court was whether the Florida Supreme Court overstepped its role by ordering a recount.
The question put to the Supreme Court was: Did the Florida Supreme Court violate Article II Section 1 Clause 2 of the U.S. Constitution by making new election law?
Do standardless manual recounts violate the Equal Protection and Due Process Clauses of the Constitution?
Do standardless manual recounts violate the Equal Protection and Due Process Clauses of the Constitution?
One of the rationales given by the Supreme Court was that the Florida Supreme Court was basically making a new election law.
Kavanaugh in the Wisconsin case agreed that the federal district court has no business changing state rules. (See the last sentence)
Kavanaugh in the Wisconsin case agreed that the federal district court has no business changing state rules. (See the last sentence)
According to Kavanaugh's reasoning, what Bush v. Gore and the Wisconsin case have in common is that in both cases, courts were telling the states that they should do things differently.
He thinks state legislatures should decide.
He thinks state legislatures should decide.
Correct. The idea is that state legislatures should be able to do whatever they wish.
https://twitter.com/DSchrantz/status/1320930079162118145
Beginning in 1954, federal courts began intervening and telling states that they had to stop doing things like suppressing votes and passing racial segregation laws.
https://twitter.com/DSchrantz/status/1320930079162118145
Beginning in 1954, federal courts began intervening and telling states that they had to stop doing things like suppressing votes and passing racial segregation laws.
1954 was the year the Supreme Court decided Brown v. Board, the case that held racial segregation unconstitutional. The liberal Warren court then forced states to do lots of things like stop killing black men and provide all people equal protection and due process.
Conservatives HATED that. They said it violated states' rights. They said courts should stop intervening and let states do whatever they want.
Roberts believes that if states want to make voting hard, that's up to the states.
The moral: Local elections matter.
Roberts believes that if states want to make voting hard, that's up to the states.
The moral: Local elections matter.
Here we have Trump making up laws. Just inventing them right out of thin air.
Trump does not have the power to wish laws into existence.
(Before you tell me that Kavanaugh said he can, please scroll up and read) https://twitter.com/atrupar/status/1321142155721793539
Trump does not have the power to wish laws into existence.
(Before you tell me that Kavanaugh said he can, please scroll up and read) https://twitter.com/atrupar/status/1321142155721793539
Each state has its own laws.
Ballots are counted according to laws passed by state legislatures. Kavanaugh said Wisconsin must follow the Wisconsin statute, that says ballots that arrive after election day don't count. (Other states also have this law) https://twitter.com/icowrich/status/1321155923155554310
Ballots are counted according to laws passed by state legislatures. Kavanaugh said Wisconsin must follow the Wisconsin statute, that says ballots that arrive after election day don't count. (Other states also have this law) https://twitter.com/icowrich/status/1321155923155554310
I expanded this into a blog post, here: https://terikanefield-blog.com/election-law-101/
