This decision is INSANE. By a 2–1 vote, the 8th Circuit rules the Minnesota Secretary of State and the Minnesota state courts unconstitutionally usurped power from the state legislature by extending the ballot deadline. That theory was too extreme for the Bush v. Gore majority!
THIS IS THE DECISION I HAVE BEEN WARNING ABOUT FOR WEEKS. There is NO Supreme Court precedent to back up the 8th Circuit. This is a radical made-up theory Republicans are using to prevent states from counting ballots! THIS IS DANGEROUS FUCKING TERRITORY!
On the eve of the 2020 election, Republican lawyers and conservative judges are reviving the most sinister argument in Bush v. Gore, the one that even Kennedy and O'Connor couldn't accept. And they just won! A decision that would be unthinkable MONTHS ago!

The far-right arm of the federal judiciary has its knives out for ballots mailed by Election Day that arrive shortly thereafter, even in states that WANT to count them.
The brazen partisanship of this decision from top to bottom is profoundly unsettling.
If SCOTUS doesn’t stay this batshit 8th Circuit decision (and GOP power-grab) attempting to throw out VALID mail ballots, after repeatedly reversing lower courts that change election laws, it will be exhibit A in the case for court reform.

Also possibly Barrett’s first vote.
If SCOTUS doesn’t stay this decision, I think it will radicalize a lot of centristy types who’ve resisted calls for court reform thus far. It is incredibly dangerous and lawless. A blatant partisan power grab of the type I used to think I’d never see in this country. Jesus.
And there is no way two partisan judges on the 8th Circuit would’ve tried to get away with this if RBG were alive. They are brazenly testing SCOTUS’ limits. We’re going to see a lot more of this from the Trump-dominated lower courts soon, too.
If you want to hear more about this insane decision, turn on CNN right now. @rickhasen has you covered.
You can follow @mjs_DC.
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