NEW: Pennsylvania must count ballots received by Nov. 6 — in many cases even without a clear Election Day postmark — after the US Supreme Court split 4-4 on a challenge brought by Republicans. More to come. buzzfeednews.com/article/zoetil…
Tonight's 4-4 vote from SCOTUS is a win for Democrats and a loss for Republicans in Pennsylvania — it leaves in place a state Supreme court ruling that requires election officials to accept mail-in ballots through Nov. 6 buzzfeednews.com/article/zoetil…
What this 4-4 order does *not* do is resolve the myriad other legal challenges around how states are handling mail-in voting during the pandemic that are still pending before SCOTUS or trickling up through the lower courts buzzfeednews.com/article/zoetil…
Senate Republicans are on track to confirm Judge Amy Coney Barrett for the late justice Ruth Bader Ginsburg's seat as early as next week. Pressed by Dems during last week's hearings to commit to recusing from election cases, she demurred buzzfeednews.com/article/zoetil…
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New: The en banc 4th Circuit voted 12-3 to leave intact a later deadline for North Carolina to accept absentee ballots after Election Day, rejecting a stay request from the Trump campaign, the RNC, and NC Republicans assets.documentcloud.org/documents/7273…
Note that this order does not split along this court's normal ideological lines — Trump's three appointees to the 4th Circuit split with the court's other three more conservative judges to vote to deny Republicans' request for a stay
Judge Wynn: "Accordingly, this Court must deny the requested injunction. To do otherwise would risk endangering a great many of our doctrines, to say nothing of the health of the voters of North Carolina as they attempt to safely exercise their right to vote."
New: The 6th Circuit has ruled 2-1 that Tennessee's signature match procedures for absentee ballots can stand, upholding a district court's decision to deny an injunction to challengers who argued it infringed on voting rights assets.documentcloud.org/documents/7232…
The majority concluded the challengers couldn't show that Tennessee's signature match rules would lead to people have their ballots wrongly tossed out, and, even if ballots were rejected, voters could resubmit
The dissent from Judge Karen Nelson Moore lobs fire not just at her colleagues, but also at other judges who have upheld state laws/rules that make it harder for people to vote: "I will not be a party to this passive sanctioning of disenfranchisement."
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
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."