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The Supreme Court’s “Breathtakingly Radical” New Approach to Election Law
Politico ^ | Nov 22, 2020 | Wendy Weiser and Daniel Weiner

Posted on 11/22/2020 8:06:19 AM PST by where's_the_Outrage?

In the end, the blizzard of lawsuits from President Donald Trump’s campaign will amount to nothing beyond a megaphone for disinformation about the integrity of the 2020 election. As destructive as the president’s attempts to undermine democracy are, the most lasting damage to America’s election system is likely to come instead from a series of Supreme Court rulings that appear perfunctory but actually could restrict voters’ rights for years to come....

Until these rulings, federal courts across the country had generally responded to the pandemic by expanding voting access, applying well-established legal doctrines to evaluate burdens to voting rights under the Constitution. Their decisions mainly allowed more voters to take advantage of mail voting and to have safe ballot drop-off and voting locations. Election officials adapted their systems accordingly, and voters requested and received ballots in keeping with the new procedures....

Second, and even more dangerous, five of the court’s justices have signed onto opinions endorsing a brand new legal theory—that the Constitution gives state legislatures virtually untrammeled authority to set voting rules for federal elections, no matter how arbitrary or unreasonable. This previously discredited theory, which was first articulated by three justices in one of the cases concerning the 2000 presidential election recount in Florida, could insulate most anti-voter laws—from arbitrary voting restrictions to burdensome registration requirements—from constitutional review by federal courts.

(Excerpt) Read more at msn.com ...


TOPICS: Constitution/Conservatism; Government; News/Current Events; Politics/Elections
KEYWORDS: 2000; activism; constitution; election; election2000; electionlaw; gorewar; scamdemic; scotus; shamdemic
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How dare SCOTUS even think about blocking judges from making law!
1 posted on 11/22/2020 8:06:19 AM PST by where's_the_Outrage?
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To: where's_the_Outrage?

The left isn’t going to be NAERLY satisfied that biden won.

They want wholesale destruction of the US.

So, looking from their point of view, the SCOTUS MUST be destroyed or rendered ineffective.

Got one dem senator who said he won’t under any circumstances vote for more justices.

So whatever happens in FL, biden won’t get to appoint new judges.

And that will lead to massive ciolence every time the Supremes make an unpopular (to the left) decision


2 posted on 11/22/2020 8:10:05 AM PST by dp0622 (Tried a coup, a fake tax story, tramp slander, Russia nonsense, impeachment and a virus. They lost.)
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To: where's_the_Outrage?

Hmmn.....Politico has not updated it’s election returns site since Election day. Screw you....Politico...you butt wipes and Traitor/Turncoats tpo our great american Republic!!!


3 posted on 11/22/2020 8:11:53 AM PST by JLAGRAYFOX (Defeat both the Republican (e) & Democrat (e) political parties....Forever!!!)
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To: where's_the_Outrage?

When the disinformation campaign cranks up rather than just acting as it is a done deal...someone is getting nervous.

The Constitution outlines all of this.


4 posted on 11/22/2020 8:11:54 AM PST by jdsteel (Americans are Dreamers too!!!)
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To: where's_the_Outrage?

The riots this year were a warmup.

Steal the election and now the threat of violence if the courts do anything to stop it.

Need to secure the win at SCOTUS and then mass arrests quickly when the riots begin. Shut it down quickly.

This is a continuation of the Color Revolution tools of DS aimed at the United States. Watch the Plot Against the President documentary. This is a continuation of the coup that started when Trump became the nominee.


5 posted on 11/22/2020 8:12:28 AM PST by TigerClaws
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To: where's_the_Outrage?
a brand new legal theory—that the Constitution gives state legislatures virtually untrammeled authority to set voting rules for federal elections

Article 2, Each State shall appoint, in such Manner as the Legislature thereof may direct

I see no clause allowing the Governor, Secretary of State or State Courts being granted anything??? Am I missing something?? Is there an Influenza Clause somewhere??
6 posted on 11/22/2020 8:13:57 AM PST by eyeamok
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To: jdsteel
When the disinformation campaign cranks up rather than just acting as it is a done deal...someone is getting nervous.

Yeah--I am surprised they are bothering to go there...maybe we are in better shape than most folks here think.
7 posted on 11/22/2020 8:14:03 AM PST by cgbg ( Remember 1876--we _can_ do this!--Biden--Office of the Prisoner-Elect)
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To: where's_the_Outrage?

When it comes to choosing electors for the President, the Constitution declares its the state legislatures that have the final authority. Judges don’t have the final say. Complaining about the Supreme Court’s decision to overrule some judges is wrong.


8 posted on 11/22/2020 8:14:46 AM PST by convoter2016
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To: eyeamok
The mass media articles on the Constitution either:

(1) Attack the dead white male slaveholders who wrote it

or

(2) Lie about its contents.
9 posted on 11/22/2020 8:16:12 AM PST by cgbg ( Remember 1876--we _can_ do this!--Biden--Office of the Prisoner-Elect)
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To: where's_the_Outrage?

five of the court’s justices have signed onto opinions endorsing a brand new legal theory—that the Constitution gives state legislatures virtually untrammeled authority to set voting rules for federal elections...

“Brand new” to any MSM drone who never actually read the U.S. Constitution.


10 posted on 11/22/2020 8:16:35 AM PST by Flick Lives (My work's illegal, but at least it's honest. - Capt. Malcolm Reynolds)
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To: where's_the_Outrage?

I’ve always said my only requirement for judges is the ability to read the English language, as written.

Nothing more.


11 posted on 11/22/2020 8:17:35 AM PST by Dana1960
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To: jdsteel
When the disinformation campaign cranks up rather than just acting as it is a done deal...someone is getting nervous.

You are absolutely right. Their preferred plan was to suppress all talk of cheating with the Dominion machines and the cheat-by-mail ballots, while at the same time gaslighting everyone to accept 'president-elect' Biden as a done deal.

It's not working. 80 million people voted for Trump and we are mad as hell if this election was stolen, and we want to get to the bottom of the fraud.

12 posted on 11/22/2020 8:18:26 AM PST by HandBasketHell
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To: where's_the_Outrage?

Q: Why couldn’t the legislature been called to a special session to deal with voting during a pandemic?

A: Because Democrats.


13 posted on 11/22/2020 8:19:07 AM PST by Redmen4ever
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To: where's_the_Outrage?

It is important to emphasize that disfranchisement of voters happens in TWO ways: one, when a person is denied a vote; and two, when a person’s vote is nullified by an illegal vote. More votes does not mean that fewer people have been disenfranchised.

I have no idea why there is a presumption of legality in a vote or a vote tally.


14 posted on 11/22/2020 8:19:15 AM PST by MikeyB806
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To: where's_the_Outrage?

What about the breathtakingly irresponsible flame-throwing of two nitwit arrogant “journalists” Wendy and Daniel” in delegitimizing the highest court in the land??

What about the breathtaking irresponsibly to incite American citizens into a chaotic spiral of distrust and fear over the Supreme Court when you know Wendy and Daniel are biased leftists having done no deep analytical due diligence in arriving at their emotionally unhinged attack on the the president to rightfully investigate this train wreck of an election.

What about the breathtakingly irresponsible threats on Supreme Court Justice’s lives that could be incited from Wendy girl’s and Danny boy’s fun editorial torpedo?


15 posted on 11/22/2020 8:22:00 AM PST by Taffylucy
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To: TigerClaws

Assuming Trump does get a 2nd term as he should, I think if I were him I’d barricade the WH and start swinging the big stick. Dozens of new EOs, fire at least 100 deep staters every day, as many new judges as Mitch has cocaine to do, fire Fauci and put Dr. Adams in charge of covid, and tell the media to just make up the news as they’ll do so anyway.

Go freakin’ medieval. As long as they’re going to hate everything he does he might as well give them a damn good reason.


16 posted on 11/22/2020 8:23:23 AM PST by bigbob (Trust Trump. Trust the Plan.)
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To: convoter2016

“When it comes to choosing electors for the President, the Constitution declares its the state legislatures that have the final authority. Judges don’t have the final say. “

The founders adopted the principal of legislative control of the electoral process with the same intent that they specified legislative approval of constitutional amendments.

They wanted the states, as broadly represented by their legislatures, to have the final say.

It’s not a bug, it’s a feature.


17 posted on 11/22/2020 8:24:13 AM PST by Mariner (War Criminal #18)
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To: where's_the_Outrage?

What unmitigated BS.

The lower courts stupidly allowed an untested, faulty, unsecure and fraudulently error prone system to be enacted in WEEKS and this is somehow “expanding voting rights?” BS. It makes the election unprovable and destroys faith in the accuracy of the count. (Although I’d argue this is what the communists want)

But to then follow up and say that the Supreme Court is going to “restrict” rights by upholding THE CONSTITUTION and allowing the state legislatures to decide their electors is just outright pure ignorance about how our country works (but again, not surprising from these twitter educated idiots).

The President is the president of the STATES - not the PEOPLE.


18 posted on 11/22/2020 8:25:26 AM PST by Skywise
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To: where's_the_Outrage?

Can these two statements be proven?

“Trump won the largest non-white vote share for a Republican presidential candidate in 60 years. Biden underperformed Hillary Clinton in every major metro area around the country, save for Milwaukee, Detroit, Atlanta and Philadelphia.”

If so, then there is good reason to doubt the legitimacy of the 2020 Presdiential election.


19 posted on 11/22/2020 8:27:15 AM PST by BenLurkin (The above is not a statement of fact. It is either opinion or satire. Or both.)
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To: All

‘So the most lasting damage to America’s election system is likely to come instead from a series of Supreme Court rulings that appear perfunctory but actually could restrict voters’ rights for years to come....’

Going by the constitution is ‘breathtakingly radical’?

One can tell they are really scared!

And scared they should be!

My word of advice to them is -
enjoy a few more days of your fake president elect. Your lies will come crashing down on you and you will have no place to hide!


20 posted on 11/22/2020 8:33:52 AM PST by chrisnj
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