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
In other election litigation news, a federal judge in North Carolina says he'll rule tomorrow at 2pm ET in the fights over the state's timeline for counting absentee ballots and process for fixing ballot defects. Background here: buzzfeednews.com/article/zoetil…
(It's so rare for federal judges to do this! It's so helpful!)
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In trying to combat attacks and questions from Democrats about Judge Amy Coney Barrett’s faith that never materialized, Republicans ended up repeatedly bringing her religion into her SCOTUS confirmation hearings.
Barrett won't be there for Day 4 of the hearing today, which will feature testimony from witnesses tapped by Republicans and Democrats: judiciary.senate.gov/meetings/nomin…
The news so far this a.m. is that Graham officially set up the committee vote on Barrett's nomination for next Thursday (10/22), as he previously announced.
Unsurprisingly, Republican members are expressing their full support for Barrett this morning, and Democrats are opposed.
Leahy asks if a prez must obey SCOTUS, and if it would threaten our constitutional system if he refused. Barrett doesn't answer it head on, saying she agrees with Kavanaugh/Gorsuch that "no man is above the law," but repeats that the court doesn't have a way to enforce decisions
Whitehouse reminds everyone that SCOTUS is not bound by the federal judiciary's code of conduct for judges, although Barrett notes that it has been the Supreme Court's practice to follow it
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."
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…
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…