Posted on 10/28/2020 5:45:50 PM PDT by Revel
The Supreme Court has voted 5-3 to deny a request by Republicans to overturn a decision by Democratic authorities in North Carolina to allow mail-in ballots to be counted nine days after Election Day and without a witness signature.
Justices Neil Gorsuch, Samuel Alito, and Clarence Thomas dissented, though only Gorsuch and Alito signed the dissent. Newly-sworn-in Justice Amy Coney Barrett did not participate in the decision.
As Breitbart News previously reported:
Democrats engineered the changes to mail-in voting through a consent decree between Democratic Party-aligned groups on the one hand, and state election authorities on the other. The state elections board is led by a Democrat appointed to the role.
Normally, mail-in ballots are counted in the state if they arrive up to three days after Election Day, and have a witness signature.
Chief Justice John Roberts and Justice Brett Kavanaugh joined the liberal justices, though for reasons that are unclear. One blog speculated that Kavanaugh wished to show deference to the North Carolina State Board of Elections because the state legislature had delegated rule-making power to it.
(Excerpt) Read more at breitbart.com ...
Any North Carolina car parades on Saturday need to be changed to a Souls to the Polls rally. If you’re in NC get the list of registered voters who didn’t vote yet, and get them to vote, especially the occasional voters. Contact you’re local republican club or board of elections. If they’re going to mess with us, let’s make their cheating worthless.
That ruling is an effort to defeat Trump. North Carolina is very important.
yes... it seems the unelected overseers of the election get to interpret it and change the "law"....smh
The democratically controlled state election board loosened requirements for fixing absentee ballots that lacked a witness signature. Absentee ballots usually require either 2 witnesses or a notary signature. From what I have read, they will now accept ballots without witness signatures instead of rejecting them. They do still have to be postmarked by November 3rd and will be accepted until the 12th.
If JFK were alive today, hed likely be a Trumpster.
NINE DAYS AFTER ELECTION DAY NO WITNESS TO SIGNATURES
Kavanaugh is proving to be a bad pick. Amazing he’s siding with those who tried to destroy him.
California is 17 days after election. Michigan was 14 days but MICHIGAN SC over turned it
Thank you, so we’ll be watching for an excessive # of ballots with no witness signature...
“In a few days that might not be the case.”
The vote was 5-3. It’ll be 5-4 if Barrett votes with our side
[He was appointed by JFK, so there should be an asterisk.
If JFK were alive today, hed likely be a Trumpster. ]
Don't know about Roberts but Kavanaugh just may be playing a smart long game on this one, and one based in originalist thought and grounded in judicial restraint. .
The Constitution explicitly reserves voting to the states with very little restriction. as a result, the voting laws and the integrity of our voting system has really been eroded, especially in Democrat run states.
This erosion is so bad, some states are voting to undermine or abolish the electoral college system, which was a major check and balance construct of the original intent of drafters of the constitution.
The real argument for the Supreme Court is not to regulate the voting laws of the individual states as is petitioned by the Republicans at this point. Instead , the very real and much stronger argument is the equal protection clause argument that there must be sufficient uniformity and fairness under the laws that all Americans individual voting rights are fairly apportioned as spelled out under the Constitution.
This argument cannot be best made until there is a cause of action, which can only happen after November 3 when votes are being counted and actual voter are undergoing very real harm with consequential and irreparable damages . At that point the ability for the Supreme Court to act is much clearer and much more compelling.
So compelling, in fact, that, under the right circumstances, the Supreme Court ruling on the topic could be broad enough to require a Constitutional Amendment in order to abolish the Electoral College or to allow individual states to circumvent the Electoral College with the various ill conceived allocation of Electoral College electors via national vote majority of popular vote or by splitting electors via pro rata share of state vote percentages to each candidate as per Maine and Nebraska
The Supreme Court now has a working majority to force this type of originalist interpertaion. The opportunity may not present itself again in the near future and the chaos of this election could provide popular cover to make the necessary changes and nip in the bud our current descent into electoral anarchy and tyranny
YMMV, but I am optimistic
Interesting interpretation. Thanks. Gives me a bit of hope
Both Gorsuch and Kavanaugh love to play footsie with the Democrats on the court. No doubt Roberts is managing that bit of beltway theater.
The slaves to Leftism start screaming insanely "NO JUSTICE...NO PEACE,"but what the hell do WE do about it? We voted TRUMP and he thrilled us with conservative justices and now we find some of them immediately offending all of us who voted to bring them to the damned DANCE!!!
THE SHAME OF IT ALL!!! (disgusting disappointment) I'm sure they're thinking they must throw the DemonicRats a few minor bones to avoid the smell of politicks... PHHHT!!!
He seemed squishy from the get-go.
Where do we find these noodle spined GOP judges? Kavanaugh took a brutal beating from the Democrats. And apparently couldn’t wait to vote with them after that. Just makes no sense.
Kav and Roberts are moderates. Better than liberal or nutcases justices like the three Dems. But sometimes plain wrong.
Kavanaugh and Roberts are voting with radical Democrats. That makes then definitely NOT moderates.
IF the North Carolina state legislature had delegated rule-making power to the North Carolina State Board of Elections, then in my mind, even though I want Pres Trump to win overwhelmingly, this is the right verdict.
If the GOP controls the North Carolina state legislature, they need to get off their asses and change the law to remove the delegated law making power.
This is actually pretty cut and dry. I hate when law makers delegate their power to unelected bureaucrats, but that’s what they often do to avoid looking bad and it always ends up screwing over we the people.
“should get him and Robert off the court as soon as possible”
And he does that how?
Two Judas one court.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.