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SCOTUS Set To Rule If States Can Protect The Integrity Of Their Votes: Efforts of state legislatures to enact new voting protections are in jeopardy if SCOTUS fails to overturn the latest 9th Circuit decision.
The Federalist ^ | 03/24/2021 | Michael J. O’Neill

Posted on 03/24/2021 8:06:24 AM PDT by SeekAndFind

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1 posted on 03/24/2021 8:06:24 AM PDT by SeekAndFind
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To: SeekAndFind

Roberts will do as instructed by his masters.


2 posted on 03/24/2021 8:07:44 AM PDT by Lurkinanloomin (Natural Born Citizens Are Born Here of Citizen Parents)(Know Islam, No Peace - No Islam, Know Peace)
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To: SeekAndFind

Nothing would surprise me with this Gutless Justices.


3 posted on 03/24/2021 8:08:40 AM PDT by tennmountainman ( Liberals Are Baby Killers.)
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To: SeekAndFind

Sorry pal - it’s in the constitution. States have exclusive rights to determine their voting laws - including electors.

Short of an amendment to the constitution the feds have no power here.


4 posted on 03/24/2021 8:09:33 AM PDT by Skywise
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To: SeekAndFind

Good thing we have a conservative SCOTUS. s/


5 posted on 03/24/2021 8:09:46 AM PDT by Huskrrrr (Pronouns? I need no stinkin pronouns!)
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To: SeekAndFind
restore confidence in the electoral system

Good luck with that.

6 posted on 03/24/2021 8:10:51 AM PDT by ClearCase_guy ("I see you did something -- why you so racist?")
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To: Skywise
"Sorry pal - it’s in the constitution. States have exclusive rights to determine their voting laws - including electors."

Sorry pal - The Constitution has become like toilet paper to most of the SCOTUS justices.

7 posted on 03/24/2021 8:11:31 AM PDT by Carl Vehse
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To: Skywise

Like the Constitution has any relevance......../s


8 posted on 03/24/2021 8:12:16 AM PDT by Lurkinanloomin (Natural Born Citizens Are Born Here of Citizen Parents)(Know Islam, No Peace - No Islam, Know Peace)
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To: SeekAndFind

The world has learned over the last few months that there’s not a court in this nation that can be depended upon to uphold the rule of law.


9 posted on 03/24/2021 8:14:01 AM PDT by Gay State Conservative (Trump: "They're After You. I'm Just In The Way")
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To: SeekAndFind
Until a few years ago, both Republicans and Democrats agreed that voting by mail posed inherent risks, requiring state-level prohibitions on ballot harvesting. In 2005, a blue-ribbon committee headed by President Jimmy Carter and Secretary of State James Baker issued a report warning of the increased risk of fraud in mail voting.

This is a total non-sequitur and I don't know what it's doing in this article. It cuts against the other arguments

AZ has had no-excuse vote by mail for 20 years and even before Covid 80% of voters used it. It's extremely popular in the state and there isn't an effort underway to eliminate it.

10 posted on 03/24/2021 8:16:25 AM PDT by semimojo
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To: Lurkinanloomin

American-Backstabber Roberts is getting morse coded
instruction from Malta. Black smoke expected as usual.


11 posted on 03/24/2021 8:16:26 AM PDT by Diogenesis (Tuitio Fidei et Obsequium Pauperum)
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To: SeekAndFind

If Gorsuch, Kavanagh and Barrett cave on this case they are completely in the tank for the Deep State voter fraud. Nothing they can do will reverse their cowardly and treasonous refusal to rule on the clear Constitutional violations that took place in many of the swing states that decided the 2020 election, but they will at least give us a glimmer of hope that future elections could be made more secure through legislative action by Republican controlled legislatures. If SCOTUS permits State courts and/or their Secretary of State to rewrite election laws (as happened in Pennsylvania, Georgia and other states), then they will likely also uphold HR 1. America has one foot in the grave. This decision will either give hope to the disenfranchised voters or be America’s last rites.


12 posted on 03/24/2021 8:17:46 AM PDT by littleharbour ("You take on the intel community they have six ways from Sunday at getting back at you" C. Schumer)
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To: SeekAndFind
The Voting Rights Act of 1965 represented a substantial Federal intervention in voting standards, with several states, mostly in the South, subject to provisions prohibiting poll taxes and literacy tests. The argument at the time was that these state level prohibitions limited the ability of racial minorities, especially blacks, from voting. If applied consistently, poll taxes and literacy tests would also limit poor and ill-educated whites from voting as well. However, these laws were likely inconsistently applied.

Moving forward 57 years, the arguments used by liberals relative to ballot access parallel those used with regard to poll taxes and literacy tests. The precedent for Federal intervention was established in the Great Society era.

13 posted on 03/24/2021 8:19:33 AM PDT by Wallace T.
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To: Skywise
States have exclusive rights to determine their voting laws - including electors.

Could a state, say, pass a law saying that there will be only one polling place in a state, and that will only be open for ten minutes on election day?

14 posted on 03/24/2021 8:20:00 AM PDT by Bubba Ho-Tep ("The rat always knows when he's in with weasels."--Tom Waits)
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To: SeekAndFind
But it so one has "standing" to protest election fraud, then it is de facto legal.
15 posted on 03/24/2021 8:22:13 AM PDT by Savage Beast (Dhritarashtra reigns! Duryodhana and Duhshasa rule! Truth-seekers be damned!)
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To: SeekAndFind

This is the whole ball of wax.


16 posted on 03/24/2021 8:23:30 AM PDT by jdsteel ("A Republic, Madam, if you can keep it." Sorry Ben, looks like we blew it.)
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To: SeekAndFind

I dont want them to just fix it for 22.. I want them to right this stolen election. I want them to carry Joe and jill out and put the voters choice back in.

I keep going back to Normandy.. young men.. rode those boats to the edge of the ocean and then walked in water and sand to the shore..KNOWING Germans were on the hill .. guns aimed at them as they walked carrying heavy gear.. stepping over dead and wounded American soldiers... can’t help the wounded and must take the guns of the dead.. if you can grab it on the run.. bullets already coming from the hill...

Getting off the boat.. scared like never before.. death all around.. trying to get enough men ashore...

Today there are not many left with nerves of steel and doing what all that training was for... and praying.

where are the men who should have stood in the gap for President Trump ... lazy.. scared of losing that precious position...


17 posted on 03/24/2021 8:27:35 AM PDT by frnewsjunkie ( )
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To: Skywise

>>Sorry pal - it’s in the constitution. States have exclusive rights to determine their voting laws - including electors.<<

The SC just made that ruling in October of last year, Gorsuch wrote those very words in the decision.

The last election saw multiple state violate that by allowing governors, judges and secretaries of state to enact new voting rules.


18 posted on 03/24/2021 8:32:24 AM PDT by Tejas Rob
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To: Tejas Rob

The governors throwing open mailin ballots is different - in almost all cases it was a violation of those states laws - but were approved by those states supreme courts.

For better or worse - the SC punted because they didn’t want to get involved in the state’s sovereignty.

We’ll see if they change their tune now...


19 posted on 03/24/2021 8:39:00 AM PDT by Skywise
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To: SeekAndFind

I am of the opinion that the Constitution specifically enumerates State Legislators with the authority to regulate their own elections. But how does this resolve against Congress and the supremacy clause?

My opinion is that when a group or citizen is specifically empowered under the Constitution, that enumeration trumps the supremacy clause. This means that in federal elections, the state, representing the state’s interests are EQUAL to the Congress representing the federal interests. States are not empowered to override the constitution, States must abide by any law past by Congress that does not impact the State’s authority.

For example, States have a vested interest in making sure that the voting rolls accurate represent citizens and residence of that state. Congress can not restrict a state from cleaning up (purging) voter rolls .... as long as the rules of the purging are in alignment with the Constitution.

I believe that the “test” for any such conflict should be the doctrine of strict scrutiny. Strict scrutiny will often be invoked in an equal protection claim. For a court to apply strict scrutiny, the legislature must either have passed a law that infringes upon a fundamental right or involves a suspect classification. Suspect classifications include race, national origin, religion, and alienage. In this case, under the classification of alienage which I would expand to citizenship and the rights (voting) held by the citizens of a state.

As this deals with the rights of citizens to express their will via legislators and that the Constitution has enumerated that right, then, Strict Scrutiny should be applied (a challenged policy in which the court presumes the policy to be invalid unless the government can demonstrate a compelling interest to justify the policy)


20 posted on 03/24/2021 8:42:51 AM PDT by taxcontrol (You are entitled to your opinion, no matter how wrong it is.)
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