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Amy Coney Barrett confirmed as Democrats warn of affront to democracy – live Amy Coney Barrett confirmed as Democrats warn of affront to democracy – live
(32 minutes later)
Donald Trump hosted Barrett for swearing-in outside the White House, administered by Clarence ThomasDonald Trump hosted Barrett for swearing-in outside the White House, administered by Clarence Thomas
The US supreme court has sided with Republicans to prevent Wisconsin from counting mail-in ballots that are received after election day. From our report:
The ruling is a setback for voting rights in a key battleground state. But some analysts see an even more troubling feature in concurrences to the ruling by two Trump appointees to the court, justices Neil Gorsuch and Brett Kavanaugh.
In their concurrences, Gorsuch and Kavanaugh revive a legal argument from the 2000 showdown Bush v Gore that saw a limited ability for state courts to intervene in elections, such as by ordering a recount, because that could usurp the authority over elections held by a state legislatures.
Given the makeup of some courts, a limited ability to intervene in elections might sound nice. But the extraordinary efforts by Republican-controlled legislatures in Wisconsin, Pennsylvania and elsewhere to violate the constitutional guarantee of a right to vote for every person illustrate the need for a check and a balance – the courts.
In his concurrence, Gorsuch objects to the Wisconsin court’s intervention to allow the counting of ballots received after election day that were mailed earlier – which with postal service breakdowns, an unusual volume of mail-in ballots, a raging pandemic and the imperative to count every vote (and tradition of doing so) would not seem unreasonable on its face.
“The Constitution provides that state legislatures—not federal judges, not state judges, not state governors, not other state officials—bear primary responsibility for setting election rules,” Gorsuch writes. Then he says that if something goes wrong in an election, Congress can fix it, which shows how far out on the limb of theory he is.
But even more alarming, to some analysts, is Kavanaugh’s concurrence, which in a footnote credits the aforementioned Florida argument about the restrictions on court powers in this area, advanced at the time by chief justice William Rehnquist.
“Under the U. S. Constitution,” Kavanaugh writes, “the state courts do not have a blank check to rewrite state election laws for federal elections.” Heedless of incursions by state legislatures on voting rights and the court’s role in asserting constitutional protections of those writes, Kavanaugh then quotes from Rehnquist:
“In a Presidential election, in other words, a state court’s ‘significant departure from the legislative scheme for appointing Presidential electors presents a federal constitutional question’.”
A further occasion for alarm in Kavanaugh’s concurrence is his sympathy to Trump’s argument that election results should be announced on election day – an argument that has surfaced this year owing to the huge opportunity for disenfranchisement Republicans have if there is suddenly a Cinderella election in which the whole thing turns into a pumpkin when the clock strikes 12.
Kavanaugh is worried about election “chaos” – not from the mass disenfranchisement of voters, but because suddenly, he argues, it is intolerable to wait hours until vote-counting is completed:
On one hand you have a president doing everything he can to foment a sense of chaos about the election, and on the other you have the justice warning about the intolerable chaos that lurks if states cannot “definitively announce the results of the election on election night.”
In making his point about how states are handling voting during the pandemic smoothly, Kavanaugh advances a basic inaccuracy about election rules in Vermont, Sam Levine notes:
The Vermont secretary of state tweets in confirmation that Kavanaugh is wrong:
Here’s Ronald Klain, who served as general counsel for Al Gore’s ballot recount committee in the climactic 2000 election showdown resolved by the supreme court:
Twitter has slapped a warning label on a Trump tweet that can only be read as part of Trump’s attempt to steal the current election.Twitter has slapped a warning label on a Trump tweet that can only be read as part of Trump’s attempt to steal the current election.
To read the tweet you must click through the warning: “Some or all of the content shared in this Tweet is disputed and might be misleading about how to participate in an election or another civic process.”To read the tweet you must click through the warning: “Some or all of the content shared in this Tweet is disputed and might be misleading about how to participate in an election or another civic process.”
In the tweet, sent late Monday, Trump asserts that counting in the election must be completed on 3 November. That is an entirely baseless assertion invented by him, to serve his political purposes.In the tweet, sent late Monday, Trump asserts that counting in the election must be completed on 3 November. That is an entirely baseless assertion invented by him, to serve his political purposes.
Counting in US elections always goes after midnight on election day. Three of the past five US presidential elections – in 2000, 2004 and 2016 – were called after midnight on election day.Counting in US elections always goes after midnight on election day. Three of the past five US presidential elections – in 2000, 2004 and 2016 – were called after midnight on election day.
And this year, elections officials know that the counting of a significant share of votes will go past midnight in heavily Democratic areas in key battleground states such as Pennsylvania. That in part stems from an unusual flow of mail-in ballots amid the pandemic.And this year, elections officials know that the counting of a significant share of votes will go past midnight in heavily Democratic areas in key battleground states such as Pennsylvania. That in part stems from an unusual flow of mail-in ballots amid the pandemic.
So it’s no secret why Trump would want to impose a rule he made up with no grounding in law or precedent on the election: he wants to disenfranchise hundreds of thousands of people so he has a chance of winning.So it’s no secret why Trump would want to impose a rule he made up with no grounding in law or precedent on the election: he wants to disenfranchise hundreds of thousands of people so he has a chance of winning.
Lady Gaga, whose Twitter feed has recently been given over to an uninterrupted stream of information and advice about how to vote early, puts her ballot where her Twitter is:Lady Gaga, whose Twitter feed has recently been given over to an uninterrupted stream of information and advice about how to vote early, puts her ballot where her Twitter is:
It looks like she got to wear an “I voted” sticker before dropping off her ballot? Do they mail those out with ballots in California?It looks like she got to wear an “I voted” sticker before dropping off her ballot? Do they mail those out with ballots in California?
In Philadelphia, protesters took to the streets after police killed Walter Wallace Jr, a 27-year-old Black man.In Philadelphia, protesters took to the streets after police killed Walter Wallace Jr, a 27-year-old Black man.
Walter Wallace Sr told the Inquirer that his son appeared to have been shot 10 times. From the Inquirer:Walter Wallace Sr told the Inquirer that his son appeared to have been shot 10 times. From the Inquirer:
Police with shields and riot gear attempted to disband a crowd gathered near the police district headquarters. The Philadelphia Inquirer reporter Anna Orso captured a video of officers pushing back at the crowd after some people threw bottles.Police with shields and riot gear attempted to disband a crowd gathered near the police district headquarters. The Philadelphia Inquirer reporter Anna Orso captured a video of officers pushing back at the crowd after some people threw bottles.
Read more here.Read more here.
Outraged reaction to the 11th-hour confirmation of justice Amy Coney Barrett continues to pour in.Outraged reaction to the 11th-hour confirmation of justice Amy Coney Barrett continues to pour in.
“We have one message,” says Ben Jealous, president of the progressive People For the American Way good-governance group: “vote them out... because they don’t care about you.”“We have one message,” says Ben Jealous, president of the progressive People For the American Way good-governance group: “vote them out... because they don’t care about you.”
Here’s the full statement from Jealous:Here’s the full statement from Jealous:
National Education Association president Becky Pringle blasts the senate for moving on a supreme court nominee at a time when “our educators, our students” are reeling:National Education Association president Becky Pringle blasts the senate for moving on a supreme court nominee at a time when “our educators, our students” are reeling:
Joe Biden has been coy about whether he would support expanding the supreme court in response to the hijacking by conservatives of one seat and their rushed replacement of a second.Joe Biden has been coy about whether he would support expanding the supreme court in response to the hijacking by conservatives of one seat and their rushed replacement of a second.
Not coy: the president’s niece:Not coy: the president’s niece:
Progressive groups are demanding an expansion of the court for the first time in more than a century, putting pressure on a Biden administration to make it a top priority. It would be great pressure for Biden to be under, in the sense that if he is in position to expand the court, it will have meant that he won the presidency and Democrats won the senate.Progressive groups are demanding an expansion of the court for the first time in more than a century, putting pressure on a Biden administration to make it a top priority. It would be great pressure for Biden to be under, in the sense that if he is in position to expand the court, it will have meant that he won the presidency and Democrats won the senate.
Nan Aron, president of the progressive Alliance for Justice, said Barrett’s confirmation “cemented” a “conservative takeover of the supreme court”.Nan Aron, president of the progressive Alliance for Justice, said Barrett’s confirmation “cemented” a “conservative takeover of the supreme court”.
“They have lied, cheated, and compromised democracy,” Aron said.“They have lied, cheated, and compromised democracy,” Aron said.
Here’s Aron’s full statement, which ends with a call for progressive activists to “to show them everything we have up our sleeves”:Here’s Aron’s full statement, which ends with a call for progressive activists to “to show them everything we have up our sleeves”:
“With the completion of the sham process to confirm Amy Coney Barrett, Republican lawmakers have cemented their conservative takeover of the Supreme Court and lower courts. They have blocked the nominees of Democratic presidents, weakened or broken Senate rules, and abandoned any pretense of scrutinizing the impartiality of their Federalist Society-approved nominees.“With the completion of the sham process to confirm Amy Coney Barrett, Republican lawmakers have cemented their conservative takeover of the Supreme Court and lower courts. They have blocked the nominees of Democratic presidents, weakened or broken Senate rules, and abandoned any pretense of scrutinizing the impartiality of their Federalist Society-approved nominees.
“They have lied, cheated, and compromised democracy to secure control for the wealthy and powerful with every intention of turning back the clock on rights and protections for everybody else. They want to take health care away from millions of people, limit access to reproductive care based on zip code, and subject workers to harassment and discrimination. Too many bills to protect Americans and protect our democracy have died in McConnell’s legislative graveyard while Trump’s judges sailed right through.“They have lied, cheated, and compromised democracy to secure control for the wealthy and powerful with every intention of turning back the clock on rights and protections for everybody else. They want to take health care away from millions of people, limit access to reproductive care based on zip code, and subject workers to harassment and discrimination. Too many bills to protect Americans and protect our democracy have died in McConnell’s legislative graveyard while Trump’s judges sailed right through.
“Our fight, however, is far from over. We know that their control is illegitimate and far from full-proof. We know that their ideas are as unpopular as ever. And we know that liberals and progressives recognize as clearly as ever how vital the courts will be to advancing our more perfect nation.“Our fight, however, is far from over. We know that their control is illegitimate and far from full-proof. We know that their ideas are as unpopular as ever. And we know that liberals and progressives recognize as clearly as ever how vital the courts will be to advancing our more perfect nation.
“Justice Ruth Bader Ginsburg earned the nickname ‘Notorious RBG’ by refusing to compromise on what she knew was right. While Senate Republicans spent the last month knowingly violating her dying wish, we will honor her legacy by using every tool at our disposal to dismantle and disempower the conservative takeover of our courts.“Justice Ruth Bader Ginsburg earned the nickname ‘Notorious RBG’ by refusing to compromise on what she knew was right. While Senate Republicans spent the last month knowingly violating her dying wish, we will honor her legacy by using every tool at our disposal to dismantle and disempower the conservative takeover of our courts.
“Republican lawmakers have shown us all of the cards in their rigged deck. Now it’s time to show them everything we have up our sleeves. Game on.”“Republican lawmakers have shown us all of the cards in their rigged deck. Now it’s time to show them everything we have up our sleeves. Game on.”
Hello and welcome to our round-the-clock coverage of the 2020 US presidential election. It’s Tuesday! Just one week to go until election day.Hello and welcome to our round-the-clock coverage of the 2020 US presidential election. It’s Tuesday! Just one week to go until election day.
Republicans in the US Senate confirmed judge Amy Coney Barrett to the supreme court on Monday evening with only one Republican, Susan Collins of Maine, who is in a tough reelection fight, voting against Barrett. Donald Trump hosted Barrett for a ceremonial swearing-in outside at the White House, administered by justice Clarence Thomas.Republicans in the US Senate confirmed judge Amy Coney Barrett to the supreme court on Monday evening with only one Republican, Susan Collins of Maine, who is in a tough reelection fight, voting against Barrett. Donald Trump hosted Barrett for a ceremonial swearing-in outside at the White House, administered by justice Clarence Thomas.
“This is a very special and important ceremony,” Trump said, in a speech that explicitly framed Barrett as a victory in generational culture war. “We are fulfilling the duty that passes to each new generation to sustain the national traditions and virtues that make possible everything before that.”“This is a very special and important ceremony,” Trump said, in a speech that explicitly framed Barrett as a victory in generational culture war. “We are fulfilling the duty that passes to each new generation to sustain the national traditions and virtues that make possible everything before that.”
Joe Biden said that the “rushed and unprecedented” proceedings “should be a stark reminder to every American that your vote matters.” The full statement is here. Read our previous blog for further news and reaction.Joe Biden said that the “rushed and unprecedented” proceedings “should be a stark reminder to every American that your vote matters.” The full statement is here. Read our previous blog for further news and reaction.
Donald Trump made three stops in the battleground state of Pennsylvania yesterday, and Joe Biden paid an unscheduled visit there. We’ll have a lot from the campaign trail today. Thanks for joining us!Donald Trump made three stops in the battleground state of Pennsylvania yesterday, and Joe Biden paid an unscheduled visit there. We’ll have a lot from the campaign trail today. Thanks for joining us!