New: Late last night, the 5th Circuit sided with Texas in the fight over where voters can hand-deliver absentee ballots – Gov. Abbott's order restricting each county to one drop location will stand documentcloud.org/documents/7228…
Here's background on Texas Gov. Abbott's Oct. 1 order banning counties from having more than oone site for voters to drop off ballots (in addition to being able to put them in the mail): buzzfeednews.com/article/claris…
A district court judge had blocked Abbott's order on Oct. 9, concluding that restricting the number of ballot drop sites at this point would only burden Texans' right to vote: assets.documentcloud.org/documents/7224…
In last night's 3-0 5th Circuit order, the judges said you have to read a July order expanding early voting along with the Oct. 1 proclamation re: drop sites, and that taken together, voting access has still been easier this year in Texas assets.documentcloud.org/documents/7228…
The 5th Circuit then says that even taken on its own, the Oct. 1 order restricting the number of drop sites per county at most places a minimal burden on voting rights in the state
The 5th Circuit panel featured Judges Willett, Duncan, and Ho (all were confirmed under Trump and are on the president's SCOTUS shortlist). Ho wrote a concurrence criticizing Abbott for the Oct. 1 order as well, saying he was siding with the governor "grudgingly"
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Now: The 11th Circuit has blocked a district court order that would have lifted Alabama's witness and photo ID requirements for absentee voters at higher risk of COVID-19; the circuit won't reinstate Alabama's ban on curbside voting
Where this order from the 11th Circuit leaves things in Alabama:
- The state's photo ID and witness requirements for absentee ballots are back on
- The state cannot stop counties from doing curbside voting
Different 2-1 votes depending on the issue: Judge Pryor (Obama nominee) would have lifted the photo ID/witness req. for voters at higher risk of COVID-19. Judge Lagoa (Trump nominee) would keep the ban on curbside voting. Judge Jordan (Obama nominee) in the middle
Graham kicks off questioning by asking Barrett to explain originalism (conservative legal theory focusing on original meaning of laws as understood at the time), and asks if she'll be a female Justice Antonin Scalia. Barrett notes originalists don't always agree...
Barrett: "You would not be getting Justice Scalia, you would be getting Justice Barrett."
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
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…
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…
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…