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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! https://twitter.com/rickhasen/status/1321950982238957568
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! https://slate.com/news-and-politics/2020/10/supreme-court-pennsylvania-election-late-ballots.html
You need to pay attention to what's going on right now. The federal judiciary is dramatically expanding its power to police state election laws, to stop state courts and governors and election boards from protecting voting rights and counting ballots. https://slate.com/news-and-politics/2020/10/4th-circuit-voting-rights-north-carolina.html?via=recirc_recent
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! https://slate.com/news-and-politics/2020/10/barrett-election-bush-v-gore-vengeance.html?via=recirc_recent
It's as if Bush v. Gore hid in a cave for 20 years, then as soon as RBG died, jumped out to subvert this election. All of these cases are the same: States want to count ballots. They want to count every vote. And FEDERAL JUDGES are telling them they cannot. https://slate.com/news-and-politics/2020/10/north-carolina-pennsylvania-neil-gorsuch-supreme-court-ballots.html?via=recirc_recent
VOTERS IN NORTH CAROLINA, MINNESOTA, AND PENNSYLVANIA: DO NOT MAIL YOUR BALLOTS. DROP THEM OFF IN PERSON. 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. https://twitter.com/dan_f_jacobson/status/1321952979927343104
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.
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. https://twitter.com/dan_f_jacobson/status/1321967811963588619
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. https://twitter.com/rickhasen/status/1321966286230843392
