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Mark Joseph Stern Profile picture
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4 Nov, 4 tweets, 2 min read
It's beyond appalling that Vermeule, a Harvard Law professor, is spreading disinformation about the vote count.

Shoutout to the many professors on this website who scolded me when I said Vermeule was a dangerous, cynical hack.
Many law professors on this website play nice with Vermeule to burnish their #bothsides credibility and prove how reasonable they are. That is a morally empty and intellectually bankrupt way to approach this nihilistic troll, and hope these profs speak against Vermeule today.
To borrow a page from @rickhasen's book, I'd love to hear law professors who defended Vermeule condemn his effort to delegitimize the election result by peddling false claims of fraud.
More disgusting disinformation from a Harvard Law professor (and a Trump-appointed member of a federal agency, @acusgov).

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More from @mjs_DC

Mark Joseph Stern Profile picture
4 Nov
This is a complete and total lie. Under a federal court order, Georgia is required to let voters "cure" mail ballots that have some deficiency, like signature mismatch. Campaigns are allowed to help voters with this process. Curing mail ballots is NOT "manufacturing votes."
I hesitate to acknowledge such disinformation lest I amplify it. But this is important because many states let voters cure ballots after an election. There is NOTHING suspicious about it. Helping voters cure faulty ballots is an objectively good, civic-minded deed.
If there's anybody who hasn't been blocked by Sean Davis, I urge you to report that tweet, because he is obviously trying to scare Georgia residents out of helping to cure mail ballots, thereby suppressing participation in an election.
Read 4 tweets
Mark Joseph Stern Profile picture
4 Nov
Good morning! In an hour, the Supreme Court will hear arguments in Fulton v. Philadelphia, which will decide whether the First Amendment requires Philadelphia to fund a foster care agency that refuses to work with same-sex couples.
Fulton v. Philadelphia also gives the Supreme Court’s ultraconservatives an opportunity to expand religious exemptions for people who do not want to comply with a law because of their beliefs. The court will consider overturning a landmark precedent that limited such exemptions.
(You’ll hear some reporting today that the foster care agency in Fulton refuses to “place” foster children with same-sex parents. That is incorrect. The agency only *screens* potential foster parents; the city then matches potential parents with kids from the entire foster pool.)
Read 18 tweets
Mark Joseph Stern Profile picture
2 Nov
Supreme Court REVERSES the 5th Circuit's decision holding @deray liable for violence at a protest that he did not commit. Advises the 5th Circuit to certify a question of state law to the Louisiana Supreme Court that might insulate Deray from the lawsuit. supremecourt.gov/orders/courtor…
The Supreme Court also REVERSES the 5th Circuit's grant of qualified immunity to prison guards in Texas who tortured an inmate. (This is a good decision!) Here are the gruesome facts. supremecourt.gov/orders/courtor…
It's extremely rare for the Supreme Court to reverse a grant of qualified immunity to law enforcement or correctional officers. Pretty telling that even SCOTUS thought the 5th Circuit took qualified immunity way too far. supremecourt.gov/orders/courtor…
Read 7 tweets
Mark Joseph Stern Profile picture
31 Oct
Texas Republicans have asked a federal judge to throw out 100,000 ballots in Harris County cast through curbside voting. They drew Judge Andrew Hanen, one of the most notoriously partisan Republican judges in the entire federal judiciary. This is alarming. assets.documentcloud.org/documents/2040…
Judge Hanen has already scheduled an emergency hearing for Monday morning—without even giving Harris County a chance to file a response brief. This, too, is extremely concerning. It looks like he may be rushing to throw out 100,000 disproportionately Democratic votes.
Texas Republicans are deploying the theory—recently endorsed by Thomas, Alito, Gorsuch, and Kavanaugh—that only state legislatures have authority over elections. Because the Harris County Clerk implemented drive-through voting, Republicans say all 100,000 ballots must be tossed.
Read 8 tweets
Mark Joseph Stern Profile picture
30 Oct
Why is there so much more backlash to GOP voter suppression this year? My working theory is that Republicans made a mistake by launching a blatant effort to throw out valid mail ballots. There's no plausible deniability about "fraud"; they're just openly trying to steal votes.
Previously, Republicans pushed stringent voter ID rules, cuts to early voting, and other, more subtle attempts to keep people from casting a ballot—justified by fear of "voter fraud" (which isn't real). Now the plausible deniability is gone. It's just open season on lawful votes.
Also, the Bush v. Gore trick works best *after* an election. Republicans are scrambling to tee up Bush v. Gore 2.0, which means voters KNOW how they intend to nullify ballots, and can avoid the trap. Kavanaugh, Gorsuch, Alito, and Thomas didn't help by saying "yes! we're ready!"
Read 4 tweets
Mark Joseph Stern Profile picture
29 Oct
This decision is INSANE. By a 2–1 vote, the 8th Circuit rules the Minnesota Secretary of State and the Minnesota state courts unconstitutionally usurped power from the state legislature by extending the ballot deadline. That theory was too extreme for the Bush v. Gore majority!
THIS IS THE DECISION I HAVE BEEN WARNING ABOUT FOR WEEKS. There is NO Supreme Court precedent to back up the 8th Circuit. This is a radical made-up theory Republicans are using to prevent states from counting ballots! THIS IS DANGEROUS FUCKING TERRITORY! slate.com/news-and-polit…
You need to pay attention to what's going on right now. The federal judiciary is dramatically expanding its power to police state election laws, to stop state courts and governors and election boards from protecting voting rights and counting ballots. slate.com/news-and-polit…
Read 11 tweets

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