Justice Kagan blocks effort to stop Montana from mailing ballots to all voters

FOXNEWS ^ | 10/10/2020 | Morgan Phillips

[aspasia]

Supreme Court Justice Elena Kagan denied a request from Republicans to stop Montana Gov. Steve Bullock’s (D) plan to mail ballots to all registered voters.

Kagan, who has jurisdiction over the case based on geography, denied the request without referring the case to the full court.

The suit was brought by Joe Lamm of the Ravali County Republican Central Committee and other voters.

The GOP-dominated Legislature banned mail-in ballots for general elections, instead allowing only by-request, no-excuse-required “absentee ballots” and in-person voting compatible with Phase 2 safety restrictions in the governor’s COVID-19 reopening plan.

But Bullock argued an emergency declaration connected to the coronavirus pandemic allows him to suspend that state law.

[falcon99]

Kagen just proved that she is just as political, corrupt and ethicless as all the rest of the Dems.

[hoosiermama]

Kagan just proved she understands how the legal system works. She had to rule that way for the entire court to hear the case Thereby the entire nation not just those states in her jurisdiction must abide by the constitution.

You obviously don’t know how the judicial system works.

[STARLIT]

Thanks. She now has opened the door for it to have all the court vote on it if I'm not mistaken. Great news. I wonder how many other states are at this point too. Then after a total SC decision all states will have to throw out any ballots not requested? This is good news. Now Graham better do his job and get Amy through. With the judiciary free from COVID we'll have what's needed to win especially with Amy.

[NormsRevenge]

based on geography? some luck the West has.
Does she ride side saddle or ??

[falcon99]

Or you don’t. She can either reject it or give it to the others as well. She chose to reject it rather than bringing in the rest of the court or three more members. Sorry, but I do believe you don’t understand.

[pollywog]

It will go full court like SC and a few others did. She is not the last word.

~~~~~~~~~~~~~~~~

Will it go to SC in time though... that is the question.

[pollywog]

This may be the case that triggers a full SCOTUS decision. Kagan has set it up for a complete court decision. Keep an eye on the case. You may want to alert the troops.

~~~~~~~~~~~~~~~~~~~~~~~~~

I'm so glad there are so many FReepers that are knowledgeable and schooling us who are not.

[Svartalfiar]

But Bullock argued an emergency declaration connected to the coronavirus pandemic allows him to suspend that state law.

Why is this going to the Supreme Court? Shouldn't it be handled through Montana's court system?

But this should be a rather simple case.. Either Montana law allows him to declare an "emergency" for whatever he wants, as long as he wants, AND lets him suspend any law he wants, or it doesn't do one or both. What part of the law does he say allows him to do all of this?

[Skybird]

A little bit self serving since Bullock is on the ballot, too. What could be wrong...

[kiryandil]

Excellent observation.

Here's context for you, mylife:

The United States Court of Appeals for the Ninth Circuit [as of January 2, 2020]:

Judges:	          29
Circuit Justice:  Elena Kagan
Chief Judge:	  Sidney R. Thomas
en banc panel:    11 judges

Next Chief Judge: Mary H. Murguia? 2021?
==================

Judges:	          29
Circuit Justice:  Elena Kagan
Chief Judge:	  Sidney R. Thomas
en banc panel:    11 judges

Next Chief Judge: Mary H. Murguia? 2021?
==================

Judges:	          29
Circuit Justice:  Elena Kagan
Chief Judge:	  Sidney R. Thomas
en banc panel:    11 judges

Next Chief Judge: Mary H. Murguia? 2021?
==================

[simpson96]

She gave it the old College Try, but Montana’s EVs will go to Trump, no problem.

[DarthVader]

Yes

[PIF]

Doesn’t work that way. He’s Chief Justice as long as he is there.

—
Now.

Later, after the ascension of HarrisBiden, the rules change. Notice I said ‘anointed’ not appointed? The Constitution governs the rules now, under HarrisBiden the Constitution will be just a name, not an actual set of governance rules. The Chief Justice is whomever they anoint for whatever political reasons of the moment for as long as that moment lasts.

And if push comes to shove, Roberts can always have a debilitating problem that requires him to withdraw ...

[ronnie raygun]

Do we need another reason to get this done