Collecting recent decisions in which Republicans argued that restrictions on voting are necessary to prevent fraud.

"the State (Texas) did not provide any actual examples of voter fraud"
"it is a speculative and 'generalized grievance' in this case"
"Plaintiffs have not introduced even an ounce of evidence supporting the assertion that . . . use of mail ballots will inundate the election with fraud."
Are you seeing a theme?
Here's one from a Trump judge last night:

"pieced together a sequence of uncertain assumptions"
Part of the issue, at least isnofar as responses on Twitter, seems to be that Republicans have no actual idea how the mechanics of voting, particularly counting votes, works.

They act like states have no fraud protections at all.
And what works for Trump on the campaign trail doesn't work when you get in front of a judge.

The judge is gonna want some evidence that there's an actual problem. And Republicans, in litigation all across the country, have failed to point to that evidence.

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More from @gabrielmalor

10 Oct
Okay, switching gears . . . there was an important RFRA decision in D.C. last night.
Fed. judge rules D.C. violated RFRA (which applies to fed. gov't, but also the gov't of D.C.) when it refused to allow a church to hold outdoor, masked, socially-distanced services with more than 100 congregants.

Cites, in part, the mayor's BLM protest. ecf.dcd.uscourts.gov/cgi-bin/show_p…
Court concludes that because D.C. has supported some mass gatherings, it cannot demonstrate a compelling interest in blocking this church's gathering.

Mayer Bowser's "actions speak volumes."
Read 5 tweets
8 Oct
Lawgeeks, you can read the affidavit in support of the criminal complaint against militia members who plotted to kidnap Gov. Whitmer courtesy of Detroit News --> detroitnews.com/story/news/loc… Image
Entrance to the plot, according to the affidavit:
•Croft and Fox met through social media.
•CHS-1 comes in at June 6 right-wing Ohio meet-up.
•Garbin (militia leadership)and CHS-2 come in at the June 18 Second Amendment rally in Lansing.
•Franks, Caserta come in at a tactical training camp June 28.
•Harris is at a meet-up in Ohio in July 18 where they talk about shooting up Whitmer's vacation home.
Read 4 tweets
8 Oct
Burkman and Wohl arraignment is up. Amadeo and Grabel representing defendants.
Arraignments are typically exceedingly boring and pro forma, but if you want to watch, live now:
Burkman appearing with an American flag mask.

Both defendants plead not guilty.
Read 16 tweets
6 Oct
Huh, that's a little weird. The McCloskey's have been charged with unlawful use of a weapon and evidence tampering.

But no details yet as the indictment isn't available (ugh, stone age courts).
kmov.com/news/mccloskey…
I would imagine the GJ was told that the gun wasn't actually disabled at the time of the confrontation outside their house, and was subsequently tampered with before the police seized it.

But recall the McCloskey's said it had previously been disabled for use during a trial.
Anyway, I guess we'll see.
Read 6 tweets
6 Oct
Alright, lawgeeks, Tanzin is now beginning at SCOTUS here: c-span.org/video/?469264-…
Hmmm, somebody hung up the phone on C-SPAN's SCOTUS argument line. . . .
Whalp, that's annoying.
Read 4 tweets
6 Oct
Lawgeeks, there's an interesting statutory interpretation case coming up for argument at SCOTUS in a little bit this morning, Tanzin v. Tanvir.
This is about RFRA, but calling it a religion case misses the point.

The question is whether the statute authorizes money damages against federal employees in their personal capacities for RFRA violations.
Ordinarily, we expect Congress to speak explicitly when it makes the federal (or state) government's liable for monetary damages.
Read 15 tweets

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