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High court won’t extend Wisconsin’s absentee ballot deadline
Court Watch |
2020/10/27 16:40
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The Supreme Court is siding with Republicans to prevent Wisconsin from counting mailed ballots that are received after Election Day. In a 5-3 order, the justices on Monday refused to reinstate a lower court order that called for mailed ballots to be counted if they are received up to six days after the Nov. 3 election. A federal appeals court had already put that order on hold.
The three liberal justices dissented from the order that the court issued just before the Senate started voting on Amy Coney Barrett’s Supreme Court nomination. Chief Justice John Roberts last week joined the liberals to preserve a Pennsylvania state court order extending the absentee ballot deadline but voted the other way in the Wisconsin case, which has moved through federal courts.
“Different bodies of law and different precedents govern these two situations and require, in these particular circumstances, that we allow the modification of election rules in Pennsylvania but not Wisconsin,” Roberts wrote. Democrats argued that the flood of absentee ballots and other challenges posed by the coronavirus pandemic makes it necessary to extend the period in which ballots can be counted. Wisconsin is one of the nation’s hot spots for COVID-19, with hospitals treating a record high number of patients with the disease.
Republicans opposed the extension, saying that voters have plenty of opportunities to cast their ballots by the close of polls on Election Day and that the rules should not be changed so close to the election. Wisconsin Democratic Party Chairman Ben Wikler responded to the ruling by pledging Democrats would be “dialing up a huge voter education campaign” to prod roughly 360,000 people who hadn’t yet returned absentee ballots to hand-deliver them by 8 p.m. on Election Day, or to vote in person.
State Republican Party Chairman Andrew Hitt praised the ruling. “Absentee voting in Wisconsin is extremely easy and hundreds of thousands of people have done it already- last-minute attempts to change election laws only cause more voter confusion and erode the integrity of our elections,” he said in a statement.
The justices often say nothing, or very little, about the reasons for their votes in these emergency cases, but on Monday, four justices wrote opinions totaling 35 pages to lay out their competing rationales.
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Pennsylvania high court to settle voter signatures fight
Court Watch |
2020/10/17 06:53
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Pennsylvania’s highest court granted a request Wednesday to wade into a fight over whether counties should count mail-in ballots when a voter’s signature doesn’t necessarily match the one on their registration. In its brief order, the state Supreme Court said it will decide the matter after a filings deadline in the case on Friday.
In guidance last month to counties, Secretary of State Kathy Boockvar, a Democrat, told them that state law does not require or permit them to reject a mail-in ballot solely over a perceived signature inconsistency. After President Donald Trump’s campaign contested that guidance in a federal court case, Boockvar asked the court to back up her guidance.
Rejection of ballots over signatures poses “a grave risk of disenfranchisement on an arbitrary and wholly subjective basis,” Boockvar’s court filing said. Trump’s campaign asked a federal judge to declare that Boockvar’s guidance is unconstitutional and to block counties from following that guidance. The judge dismissed the case on Saturday.
However, state Republican lawmakers oppose Boockvar’s guidance to counties, saying in court filings that it would “rewrite existing law,” while disrupting Pennsylvania’s “clear and unambiguously crafted procedures for determining and challenging the validity” of a mail-in or absentee ballot. Boockvar’s guidance to counties comes amid a surge in mail-in voting and rising concerns that tens of thousands of mail-in ballots will be discarded in the presidential election over a variety of technicalities.
The fight over signatures is one of many partisan battles being fought in the state Legislature and the courts over mail-in voting in Pennsylvania, amid warnings that a presidential election result will hang in limbo for days on a drawn-out vote count in Pennsylvania. After President Donald Trump’s campaign contested that guidance in a federal court case, Boockvar asked the court to back up her guidance.
Rejection of ballots over signatures poses “a grave risk of disenfranchisement on an arbitrary and wholly subjective basis,” Boockvar’s court filing said. Trump’s campaign asked a federal judge to declare that Boockvar’s guidance is unconstitutional and to block counties from following that guidance. The judge dismissed the case on Saturday. However, state Republican lawmakers oppose Boockvar’s guidance to counties, saying in court filings that it would “rewrite existing law,” while disrupting Pennsylvania’s “clear and unambiguously crafted procedures for determining and challenging the validity” of a mail-in or absentee ballot.
Boockvar’s guidance to counties comes amid a surge in mail-in voting and rising concerns that tens of thousands of mail-in ballots will be discarded in the presidential election over a variety of technicalities. The fight over signatures is one of many partisan battles being fought in the state Legislature and the courts over mail-in voting in Pennsylvania, amid warnings that a presidential election result will hang in limbo for days on a drawn-out vote count in Pennsylvania. |
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Barrett bats away tough Democratic confirmation probing
Court Watch |
2020/10/13 06:53
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Supreme Court nominee Amy Coney Barrett batted away Democrats’ skeptical questions Tuesday on abortion, health care and a possible disputed-election fight over transferring presidential power, insisting in a long and lively confirmation hearing she would bring no personal agenda to the court but decide cases “as they come.”
The 48-year-old appellate court judge declared her conservative views with often colloquial language, but refused many specifics. She declined to say whether she would recuse herself from any election-related cases involving President Donald Trump, who nominated her to fill the seat of the late Justice Ruth Bader Ginsburg and is pressing to have her confirmed before the the Nov. 3 election.
“Judges can’t just wake up one day and say I have an agenda ? I like guns, I hate guns, I like abortion, I hate abortion ? and walk in like a royal queen and impose their will on the world,” Barrett told the Senate Judiciary Committee during its second day of hearings.
“It’s not the law of Amy,” she said. “It’s the law of the American people.”
Barrett returned to a Capitol Hill mostly shut down by COVID-19 protocols, the mood quickly shifting to a more confrontational tone from opening day. She was grilled by Democrats strongly opposed to Trump’s nominee yet unable to stop her. Excited by the prospect of a judge aligned with the late Antonin Scalia, Trump’s Republican allies are rushing ahead to install a 6-3 conservative court majority for years to come.
The president seemed pleased with her performance. “I think Amy’s doing incredibly well,” he said at the White House departing for a campaign rally.
Trump has said he wants a justice seated for any disputes arising from his heated election with Democrat Joe Biden, but Barrett testified she has not spoken to Trump or his team about election cases. Pressed by panel Democrats, she skipped past questions about ensuring the date of the election or preventing voter intimidation, both set in federal law, and the peaceful transfer of presidential power. She declined to commit to recusing herself from any post-election cases without first consulting the other justices.
“I can’t offer an opinion on recusal without short-circuiting that entire process,” she said.
A frustrated Sen. Dianne Feinstein, the top Democrat on the panel, all but implored the nominee to be more specific about how she would handle landmark abortion cases, including Roe v. Wade and the follow-up Pennsylvania case Planned Parenthood v. Casey, which confirmed it in large part. |
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The Latest: Trump says he won't meet with Judge Lagoa
Court Watch |
2020/09/24 22:05
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President Donald Trump says he will not be meeting with Judge Barbara Lagoa, but says the Florida-born jurist is still on his short list to fill the vacancy on the Supreme Court.
Speaking to reporters during a White House press briefing Wednesday, Trump, who has spoken highly of Lagoa, said, “She is on my list. I don’t have a meeting planned, but she is on my list.”
Trump had previously suggested he might meet with Lagoa later this week when he travels to Florida for campaign events. He is set to announce his nominee for the high court Saturday afternoon.
President Donald Trump says he wants a replacement for Justice Ruth Bader Ginsburg confirmed to the Supreme Court ahead of Election Day so that a full court can weigh in on any campaign-related litigation.
Speaking at the White House on Wednesday, Trump predicted the election “will end up in the Supreme Court, adding, “I think it’s important we have nine justices.”
He added of the timing of the confirmation vote: “I think it’s better if you go before the election.”
Trump is set to formally unveil his pick Saturday at the White House, and Senate Republicans have indicated they will move swiftly to confirm the selection before the Nov. 3 election.
In 2016, Senate Republicans and Trump said it wasn’t right for President Barack Obama, a Democrat, to replace Justice Antonin Scalia because it was an election year. Scalia died 237 days before the 2016 election. |
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Democrats appeal Green Party case to Pennsylvania high court
Court Watch |
2020/09/10 10:39
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Democrats on Thursday signaled their intent to appeal a lower court decision ordering election officials to put the Green Party’s candidate for president on the ballot in the battleground state of Pennsylvania.
They filed an intent to appeal the case to the state Supreme Court, where the Democratic majority-panel will could decide the last remaining legal hangup before ballots can be mailed out to voters who applied for one.
The Democrats’ protest targets what they say are disqualifying irregularities in how the Green Party candidates for president and vice president filed affidavits that accompany paperwork to get them on the ballot.
The lower court judge, a Republican, dismissed arguments that the presidential nominee, Howie Hawkins, should be barred from the ballot, but agreed that the Green Party’s vice presidential nominee should be barred.
In 2016, Republican Donald Trump beat Democrat Hillary Clinton by 44,292 votes in Pennsylvania, helping him win the White House. The Green Party’s nominee that year, Jill Stein, drew slightly more votes than that, 49,941.
Democrats have already dropped their challenges to Green Party candidates for three statewide offices, attorney general, treasurer and auditor general.
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