An 8th Circuit panel, petitioned by Republican electors, orders Minnesota to segregate absentee ballots received after 8pm on Election Day—reasoning that the state created a seven day grace period for receipt without legislative authorization. ecf.ca8.uscourts.gov/opndir/20/10/2…
The panel is made up of Bobby Shepherd, a GW Bush appointee, Jane Kelly, an Obama appointee, and L. Steven Grasz, a Trump appointee. Jane Kelly dissented.
The dissent points out that the core holding makes no sense.
The author of the dissent is the only woman on the Eighth Circuit and also the only active judge on the circuit appointed by a Democratic president.

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More from @nycsouthpaw

28 Oct
Aaaand now it’s Justice Gorsuch who steps up to the plate with an anti-ballot-counting dissent. supremecourt.gov/opinions/20pdf…
It’s frustrating to link to something as misleading as this Gorsuch dissent, unbalanced by any words from the justices who voted to deny the application. Gorsuch doesn’t even take cognizance of the delays in USPS deliveries, which is what the whole case is about.
Here’s the state’s response brief as a bit of a corrective. supremecourt.gov/DocketPDF/20/2…
Read 4 tweets
23 Oct
A private account I follow makes the good point that the thesis ‘there are still white college educated voters in the Atlanta suburbs who support Trump’ is not, if proved, terrifically newsworthy. Biden being in contention at all in Georgia is newsworthy.
If the pickings are so slim that you just have to work through unreliable Republican activist networks to even identify white college educated Trump voters in the Atlanta suburbs, maybe that’s a story. But I don’t think that’s what happened here.
Read 4 tweets
17 Oct
Scott Atlas is a very good reason to boot the Hoover Institution off the Stanford campus and sever any affiliation between it and the university forevermore, if another very good reason were needed.
I’m no enemy of academic freedom, but I am an enemy of academic fraud. The Hoover Institution uses Stanford’s reputation to launder its terrible, often corrupt scholarship and low intellectual standards into the highest levels of American society and government.
And this fraud has contributed to the deaths of hundreds of thousands of Americans, hundreds of thousands of Iraqis, and countless others around the world. It should end.
Read 4 tweets
16 Oct
I keep thinking about this February story and trying to fit it together with the tale of the laptop. washingtonpost.com/national-secur…
It turned out to be the US Attorney in EDNY who AG Barr assigned to coordinate everything Ukraine-related, about a month after the purported subpoena to the Mac shop.
under EDNY’s umbrella, the US Attorney in Pittsburgh was assigned to “assist in the receipt, processing, and preliminary analysis of new information provided by the public that may be relevant to matters relating to Ukraine.”

Back then, “the public” was thought to mean Giuliani
Read 4 tweets
16 Oct
On ABC, Joe Biden is giving a lengthy, cogent explanation of his plans to handle the pandemic, incorporating recent scientific findings and recent testimony of the CDC Director encouraging mask wearing.
Biden has moved on to answering a fairly tough question from an audience member about tax pay-fors for his plans, with a couple challenging follow-ups from Stephanopoulos.
A young black audience member challenged Biden on his “you ain’t black” comments earlier in the campaign and asked him what else he had to appeal to young black voters who feel they shouldn’t participate in a system that doesn’t protect them.
Read 4 tweets
15 Oct
With Graham standing beside him in the hallway, Cruz is laying into Twitter and Facebook for blocking the hack-and-dump materials from Giuliani. “The Senate Judiciary Committee wants to know what the hell is going on,” Cruz says, threatening to subpoena @jack next week.
Both Cruz and Graham say that they don’t know if the NY Post articles are true.
The judiciary committee vote on subpoenaing @jack will be next Tuesday, Graham said. Hawley stepped up to the microphone to suggest Zuckerberg should be subpoenaed too. Then they all went back into the hearing.
Read 4 tweets

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