Justice Alito writes for himself, Thomas, and Gorsuch. Barrett did not participate.
Alito starts off ominously: he fears "serious post-election problems" with PA Supreme Court decision. 2/
Alito makes uses some odd phrasing in his statement.
-He notes that PA Supreme Court was 4-3. So what?
-He uses “natural disaster,” in quotes as explaining the justification the PA Supreme Court gave for its ruling.
The contempt for the state supreme court just oozes out. 3/
Alito says that the PA election will be "conducted under a cloud" because SCOTUS refuses to step in. I think we know how he'll vote on the merits... 4/
Here's money line: he thinks PA S Ct. violated US Constitution by ruling--under state constitution--to protect right to vote and extend ballot receipt deadline.
This is HUGELY consequential. It would mean state courts can't protect right to vote under state constitutions. 5/
Finally, Alito says that it can grant review after the election. So that's 3 votes right there for Court to take this up in a post-election dispute if necessary. Will Barrett join? Will Roberts or Kavanaugh?
Let's hope the PA election is a blowout and we never find out! 6/
Bottom line: if you are a PA voter, return your ballot NOW! Don't risk it!
Hope for a blowout so later-arriving ballots won't make a difference.
Cause I fear that if this returns to the Court post-election, we might just not dodge the bullet that is this case once again. /end
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The basic gist here is that not requiring masks at the polls disproportionately harm minority voters because they are at greater risk of COVID-19--so they are less likely to feel comfortable voting.
Texas is one of only 5 states that won't let anyone vote by mail cause of COVID concerns. So these voters face the choice of going to the polls with a higher risk or not voting. Court finds the effect of the mask mandate violates the VRA.
THREAD: Have Trump-appointed judges impacted 2020 election litigation and therefore how we run the election? Let us count the ways.
(Spoiler: they have. A lot). 1/
There have been at least 25 cases in federal courts, brought by plaintiffs seeking to ease voting rules (especially during a pandemic), that have produced appeals.
Voting rights plaintiffs are 4 for 25 overall. For you baseball fans, that means they are batting .160. 2/
In 2 of those 4 cases, state had agreed to the voting change (RI and NC). NC case is still on appeal. A 3rd was about whether to run the election at all after a candidate died (MN).
BUT in the 21 cases, district courts granted relief in 18 of them, only to see reversal. 3/
THREAD on #SCOTUS 4-4 decision refusing to intervene in Pennsylvania Supreme Court decision. It's a BIG deal.
Normally, the U.S. Supreme Court won't hear cases from state courts about state law. This decision was under PA state constitution's protection for right to vote. 1/
The PA Supreme Court had extended absentee ballot deadline due to pandemic, saying the PA Constitution's "free and equal" clause required expanded voter access.
That should have ended the matter. 2/
But PA Republicans argued that the PA Supreme Court's decision altered the "manner" of running elections under Art. I, Sec. 4 of the U.S. Constitution, which lets state "legislatures" determine the "times, places, and manner" of holding elections. 3/
THREAD: How many times have federal appellate courts unduly deferred to state legislatures or election officials in recent days, rejecting challenges and failing to uphold the constitutional right to vote? Let us count. 1/
3rd Circuit, rejecting challenge to Pennsylvania’s signature requirement for candidates to appear on the ballot. 2/
5th Cir., reversing a district court order that had rejected Texas Governor Greg Abbott’s directive to allow only one ballot drop off location per county. 3/
Reading this opinion makes is abundantly clear that this court does not believe there is a fundamental, individual right to vote enshrined within the U.S. Constitution. The court rejects all claims of a burden on individual voters.
Shorter 5th Circuit: your ballot may be thrown out for a signature mismatch, but too bad so sad, it doesn't matter that you've lost your right to vote!
Pay attention to this footnote. It's a continued attack on the ability of the U.S. Constitution to vigorously protect the right to vote, suggesting that laws that direct the voting process aren't actually about the "right to vote."
It is just so disingenuous for the court to argue that the Texas Gov's Oct 1 order, which explicitly forbid counties to use more than one drop box after several counties announced they would do so, actually "expands" the right to vote.