Court action continues to move fast and furious around election practices — three rulings of note since last night alone:
1) 6th Circuit ruled 2-1 that the Ohio Sec. of State can restrict drop boxes for ballots, reversing a district judge's injunction: assets.documentcloud.org/documents/7224…
1a) The majority and dissent disagree about what exactly the "status quo" is that the court should be preserving. Judge White writes in dissent that it was the SoS's "last-minute directive" barring counties from having drop boxes/offsite collection that changed the status quo
2) A federal judge in Texas blocked Gov. Abbott's order banning counties from having more than one drop box. The judge wrote that Abbott's last-minute change was far more likely to create confusion for voters at this point than reopening drop sites assets.documentcloud.org/documents/7224…
2a) The judge addressed the "Purcell principle" re: not making changes close to an election, writing it didn't apply because the public interest was served at this point by enhancing voter access, not violating voting rights
3) A PA federal judge dismissed Trump's lawsuit challenging PA's plans to allow drop boxes, to lift signature match req, and to limit poll watchers. Judge Ranjan (a Trump nominee) rejected Trump's voter fraud args as too speculative for the case to survive assets.documentcloud.org/documents/7224…
3a) The judge also rejects Trump's claims on the merits: "...the election regulations put in place by the General Assembly and implemented by Defendants do not significantly burden any right to vote. They are rational. ... They will not otherwise be second-guessed by this Court."
Texas has already appealed last night's injunction and asked the 5th Circuit to issue a stay that would reinstate Abbott's drop box ban: assets.documentcloud.org/documents/7224…
On this extremely litigious election season, and how judges are becoming the final arbiters of how Americans vote remotely during the coronavirus pandemic: buzzfeednews.com/article/zoetil…
Initial, temporary win for Texas before the 5th Circuit: The court granted an administrative stay while it considers the merits of Texas' request for a longer-term stay of the district court injunction blocking Gov. Abbott from restricting the no. of drop boxes for ballots
tldr: Texas Gov. Abbott's order restricting counties from having multiple ballot drop boxes is back on for now. Response brief due Oct. 12.

Note that this panel features not one, not two, but three judges who are on Trump's SCOTUS short list.

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More from @ZoeTillman

12 Oct
Hello on this rainy Monday morning from my house, where I'll be covering Day 1 of Judge Amy Coney Barrett's SCOTUS confirmation hearing, which is just about to start. Previously on Judge Barrett's record on the bench: buzzfeednews.com/article/zoetil…
Sen. Mike Lee is there in-person — you may recall that Lee tested positive for COVID-19 earlier this month: buzzfeednews.com/article/addyba…

Graham says Lee's been "cleared" by his physician to be there
What a US Supreme Court confirmation hearing looks like during a pandemic Image
Read 6 tweets
11 Oct
New: Trump keeps pushing unfounded claims that mail-in voting leads to widespread fraud. But in court, far from the bluster of his rallies and Twitter rants, judges have examined the evidence he’s presented to back those claims and found it unconvincing.
buzzfeednews.com/article/zoetil…
Yesterday, a federal judge in Pennsylvania (a Trump nominee) rejected Trump and the RNC's challenge to some of PA's mail-in voting plans. Re: voter fraud claims, the judge wrote: "At most, they have pieced together a sequence of uncertain assumptions."
buzzfeednews.com/article/zoetil…
Federal judges in Pennsylvania, Montana, New Jersey, and Nevada have dismissed the Trump campaign and RNC's lawsuits challenging those states' mail-in voting plans. In Montana, the judge wrote that the voter fraud claims were "fiction" buzzfeednews.com/article/zoetil…
Read 4 tweets
9 Oct
New: A Florida federal judge won't reopen voter registration after the state's website crashed on the last day, BUT had extremely harsh words for state officials: "This case is about how a state failed its citizens." assets.documentcloud.org/documents/7224…
"In so ruling, this Court notes that every man who has stepped foot on the Moon launched from the Kennedy Space Center, in Florida. Yet, Florida has failed to figure out how to run an election properly — a task simpler than rocket science."
"This case is about how a state failed its citizens."

A judge slammed Florida for how it handled its voter registration website crashing on the last day, but ultimately ruled against extending the deadline.
buzzfeednews.com/article/zoetil…
Read 5 tweets
8 Oct
“Good luck and G-d bless, Wisconsin."

Voting has already started, but judges across the country are still rushing to sort out numerous legal fights over mail-in and absentee voting during the pandemic. A deep dive on the messy state of play: buzzfeednews.com/article/zoetil…
Over the span of just four days this week, there was a breathtaking flurry of court action affecting how millions of Americans can vote in the November election. And more big decisions are imminent with less than a month to go until Election Day.
buzzfeednews.com/article/zoetil…
In some states where litigation is pending, election officials told me they've been in a holding pattern as far as notifying voters about rules and deadlines buzzfeednews.com/article/zoetil…
Read 6 tweets
6 Oct
The Supreme Court Warned Against Changing Voting Rules Near Election Day, And Then Did It Anyway buzzfeednews.com/article/zoetil…
In a brief order with no dissents, SCOTUS last night revived a South Carolina's rule that absentee voters have a witness when they sign their ballots. But voting is already underway in SC, so the justices were in the odd spot of having to address that buzzfeednews.com/article/zoetil…
SCOTUS revived South Carolina's witness rule for mail-in ballots, but allowed a two-day grace period for ballots already in the mail (see: buzzfeednews.com/article/zoetil…). NJ, which is defending its longer timelines for ballots against a Trump lawsuit, argues SCOTUS helped their case
Read 4 tweets
30 Sep
On the SCOTUS segment during tonight's debate:
- We didn't learn much we didn't already know about where Trump and Biden stand on filling RBG's seat. Trump made clear they'll push Barrett's nomination through during the lame duck session if they can't get her confirmed by Nov. 3
- Trump asked how Biden could know Judge Barrett's views on Roe v. Wade. Setting aside what we know about Barrett's views on abortion and how she's voted on the bench, Trump has explicitly said he will pick justices who will reverse Roe so...that's one way Biden could know
- Biden declines to engage on whether he'd support court packing (he's prev. said he doesn't support it), pivots instead on making a pitch to people to vote.

But court packing will now go down in history as the issue that prompted Biden to say to Trump, "Will you shut up man"
Read 6 tweets

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