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U.S. Supreme Court Denies GOP Effort to Limit Mail-In Voting in Pennsylvania

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  • On Monday, the U.S. Supreme Court deadlocked itself in a decision that would have cut short the amount of time Pennsylvania‘s election officials had to receive mail-in ballots.
  • Because of the 4-to-4 tie, a lower court decision granting an extended deadline stayed.
  • Several states have also seen major rulings regarding voting recently. In Michigan on Friday, an appeals court judge ruled in favor of prohibiting ballots from being turned in past 8 p.m. on Election Day in the state.
  • In Texas, an appeals court judge ruled Monday that state election officials can reject mail-in ballots over mismatched signatures without giving voters a chance to appeal.

SCOTUS Denies Pennsylvania GOP Request Limiting Mail-in Voting

The U.S. Supreme Court denied a request from Pennsylvania’s Republican Party on Monday that would have shortened the deadline for state election officials to receive absentee ballots.

The GOP request was an appeal to a decision by the Pennsylvania Supreme Court last month. In that decision, the state Supreme Court sided with Democrats, granting them an extension to the deadline for which mail-in ballots could be received. That extension moved the cut off date from 8 p.m. on Election Day (Nov. 3) to 5 p.m. on the following Friday (Nov. 6).

The Pennsylvania Supreme Court cited several reasons, including potential mail delays and the fact that state law allows mail ballots to be cast on Election Day. To be clear, this extension only applies to the date election officials in the state can still accept mail-in ballots; those ballots must still be postmarked by Election Day.

Following that decision, Pennsylvania’s GOP accused the state Supreme Court of exceeding its powers and unconstitutionally changing election law. From there, they appealed the decision to the U.S. Supreme Court, who ultimately agreed to hear it. 

On Monday, SCOTUS was split: Chief Justice John Roberts sided with liberal judges Sonia Sotomayor, Elena Kagan, and Stephen Breyer in denying the request. Meanwhile, conservative justices Clarence Thomas, Samuel Alito, Brett Kavanaugh, and Neil Gorsuch all dissented.

With the notable exception of Ruth Bader Ginsburg who died last month, that meant the court was deadlocked 4-4; however, when the court is deadlocked, the decision from the lower court remains in place. 

Immediately, Democrats cheered the news, especially since Pennsylvania is a key swing state and this extension could decide the fate of thousands of ballots. Notably, in 2016, President Donald Trump won the state by 44,000 votes. 

On the other hand, Republicans expressed disappointment over the news, and many of them emphasized the fact that this was a deadlocked decision. 

Pennsylvania GOP Chair Lawrence Tabas said Monday’s decision “only underscores the importance of having a full Supreme Court as soon as possible.”

To that point, if Judge Amy Coney Barrett is confirmed to the Supreme Court, she could be placed on the bench as early as the week before the election, meaning that if more election-related cases come before SCOTUS, as they very likely will, she could end up being the deciding vote.

Michigan Court Restricts Mail-in Voting Return Deadline

While SCOTUS’ Pennsylvania decision may be the most high-profile mail-in voting decision seen by a court in recent days, by no means is it the only one.

In fact, on Friday, an appeals court in Michigan handed down a decision opposite to what SCOTUS ruled in Pennsylvania. There, a judge ruled that ballots must be received by 8 p.m. on Election Day or they won’t be counted.

Notably, that decision overturned a lower court decision which had stated that ballots postmarked by Nov. 2 could be counted if they were received within 14 days of Election Day.

Texas Can Reject Ballots Because of Signatures, Without Allowing Voters to Appeal

An appeals court judge in Texas has also ruled that state election officials can reject mail-in ballots over mismatched signatures, all without giving voters a chance to appeal if their ballot is rejected. 

Essentially, if election officials decide that a signature on a ballot can’t be verified, they’re allowed to reject that ballot without notifying voters until after the election.

Like Michigan, the appeals court overturned a lower court ruling. In this case, that ruling would have required the Texas secretary of state to either advise election officials not to reject mail-in ballots because of signatures or require them to set up a notification system that gave voters a chance to challenge rejections.

Appeals Court Judge Jerry E. Smith, who handed down Monday’s decision, said requiring either process would compromise mail-in ballot integrity.

“Texas’s strong interest in safeguarding the integrity of its elections from voter fraud far outweighs any burden the state’s voting procedures place on the right to vote,” Smith added.

The League of Women Voters of Texas, who were plaintiffs in the lawsuit that brought about the original decision, called Smith’s decision “deeply disappointing because it allows the State to shirk its responsibility to ensure that each vote is counted during an incredibly important election while a deadly global pandemic rages on.” 

See what others are saying: (Axios) (NPR) (Texas Tribune)

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Supreme Court Rules High School Football Coach Can Pray on Field

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All of our rights are “hanging in the balance,” wrote Justice Sonia Sotomayor in a dissenting opinion.


Court’s Conservatives Break With 60 Years of History

The Supreme Court on Monday ruled in favor of a former high school football coach who lost his job after he refused to stop praying on the field at the end of games.

Joseph Kennedy, who was hired at Bremerton High School in Washington State in 2008, kneeled at the 50-yard line after games for years and prayed. He was often joined by some of his players, as well as others from the opposing team.

In 2015, the school asked him not to pray if it interfered with his duties or involved students.

Shortly after, Kennedy was placed on paid administrative leave, and after a school official recommended that his contract not be renewed for the 2016 season he did not reapply for the position.

Kennedy sued the school, eventually appealing the case to the Supreme Court.

The justices voted 6 to 3, with the liberal justices dissenting.

“Respect for religious expressions is indispensable to life in a free and diverse republic — whether those expressions take place in a sanctuary or on a field, and whether they manifest through the spoken word or a bowed head,” Justice Neil Gorsuch wrote in the majority opinion.

“Here, a government entity sought to punish an individual for engaging in a brief, quiet, personal religious observance,” he added.

Justice Sonia Sotomayor wrote a dissenting opinion.

“Today’s decision is particularly misguided because it elevates the religious rights of a school official, who voluntarily accepted public employment and the limits that public employment entails, over those of his students, who are required to attend school and who this court has long recognized are particularly vulnerable and deserving of protection,” she said.

“In doing so, the court sets us further down a perilous path in forcing states to entangle themselves with religion, with all of our rights hanging in the balance.”

The defense in the case argued that the public nature of Kennedy’s prayers put pressure on students to join him, and that he was acting in his capacity as a public employee, not a private citizen.

Kennedy’s lawyers contended that such an all-encompassing definition of his job duties denied him his right to self-expression on school grounds.

“This is just so awesome,” Kennedy said in a statement following the decision. “All I’ve ever wanted was to be back on the field with my guys … I thank God for answering our prayers and sustaining my family through this long battle.”

Religious Liberty or Separation of Church and State?

Sixty years ago, the Supreme Court decided that the government cannot organize or promote prayer in public schools, and it has since generally abided by that jurisprudence.

But the court led by Chief Justice John Roberts has been increasingly protective of religious expression, especially after the confirmation of three conservative Trump-appointed judges.

Reactions to the ruling were mostly split between liberals who saw the separation of church and state being dissolved and conservatives who hailed it as a victory for religious liberty.

Americans United for the Separation of Church and State, which represented the Bremerton school district, said in a statement that the ruling “gutted decades of established law that protected students’ religious freedom.”

“If Coach Kennedy were named Coach Akbar and he had brought a prayer blanket to the 50 yard line to pray after a game,” one Twitter user said, “I’ve got a 401(k) that says this illegitimate, Christofascist SCOTUS rules 6-3 against him.”

“The people defending former Coach Kennedy’s right to kneel on the field after the game to pray – are the ones condemning Colin Kaepernick’s right to kneel on the field to protest police brutality against Black Americans,” another user wrote.

Others, like Republican Congressmember Ronny Jackson and former Secretary of State for the Trump administration Mike Pompeo, celebrated the ruling for protecting religious freedom and upholding what they called the right to pray.

“I am excited to build on this victory and continue securing our inalienable right to religious freedom,” Pompeo wrote.

See what others are saying: (The Washington Post) (The New York Times) (Fox News)

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Rep. Schiff Urges DOJ to Investigate Trump for Election Crimes: “There’s Enough Evidence”

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“When the Justice Department finds evidence of criminal potential criminal wrongdoing, they need to investigate,” the congressman said.


Schiff Says DOJ Should Launch Inquiry

Rep. Adam Schiff (R-Ca.) told Rogue Rocket that he believes there is “certainly […] enough evidence for the Justice Department to open an investigation” into possible election crimes committed by former President Donald Trump.

Schiff, who took the lead in questioning witnesses testifying before the House committee investigating the Jan. 6 insurrection on Tuesday, said that it will be up to the DOJ to determine whether “they have proof beyond a reasonable doubt” of criminal activity, but added that an investigation must first be launched.

“Donald Trump should be treated like any other citizen,” the congressman said, noting that a federal judge in California has already ruled that Trump and his allies “likely” engaged in multiple federal criminal acts. “When the Justice Department finds evidence of criminal potential criminal wrongdoing, they need to investigate.”

“One of the concerns I have is it’s a year and a half since these events. And while […] there’s an investigation going on in Fulton County by the district attorney, I don’t see a federal grand jury convened in Atlanta looking into this, and I think it’s fair to ask why,” Schiff continued, referencing the ongoing inquiry into Trump’s attempts to overturn the election in Georgia.

“Normally, the Justice Department doesn’t wait for Congress to go first. They pursue evidence and they have the subpoena power. They’re often much more agile than the Congress. And I think it’s important that it not just be the lower-level people who broke into the Capitol that day and committed those acts of violence who are under the microscope,” he continued. “I think anyone who engaged in criminal activity trying to overturn the election where there’s evidence that they may have engaged in criminal acts should be investigated.”

Schiff Takes Aim at DOJ’s Handling of Committee Subpoenas

Schiff also expressed frustration with how the DOJ has handled referrals the committee has made for former Trump officials who have refused to comply with subpoenas to testify before the panel.

“We have referred four people for criminal prosecution who have obstructed our investigation. The Justice Department has only moved forward with two of them,” he stated. “That’s not as powerful an incentive as we would like. The law requires the Justice Department to present these cases to the grand jury when we refer them, and by only referring half of them, it sends a very mixed message about whether congressional subpoenas need to be complied with.”

As far as why the congressman thought the DOJ has chosen to operate in this manner in regards to the Jan. 6 panel’s investigation, he said he believes “the leadership of the department is being very cautious.” 

“I think that they want to make sure that the department avoids controversy if possible, doesn’t do anything that could even be perceived as being political,” Schiff continued. “And while I appreciate that sentiment […] at the same time, the rule of law has to be applied equally to everyone. If you’re so averse, […] it means that you’re giving effectively a pass or immunity to people who may have broken the law. That, too, is a political decision, and I think it’s the wrong decision.”

On the Note of Democracy

Schiff emphasized the importance of the American people working together to protect democracy in the fallout of the insurrection.

“I really think it’s going to require a national movement of people to step up to preserve our democracy. This is not something that I think Congress can do alone. We’re going to try to protect those institutions, but Republicans are fighting this tooth and nail,” he asserted. “It’s difficult to get through a Senate where Mitch McConnell can filibuster things.”

“We don’t have the luxury of despair when it comes to what we’re seeing around us. We have the obligation to do what generations did before us, and that is defend our democracy,” the congressman continued. “We had to go to war in World War II to defend our democracy from the threat of fascism. You know, we’re not called upon to make those kinds of sacrifices. We see the bravery of people in Ukraine putting their lives on the line to defend their country, their sovereignty, their democracy. Thank God we’re not asked to do that.”

“So what we have to do is, by comparison, so much easier. But it does require us to step up, to be involved, to rally around local elections officials who are doing their jobs, who are facing death threats, and to protect them and to push back against efforts around the country to pass laws to make it easier for big liars to overturn future elections.” 

“We are not passengers in all of this, unable to affect the course of our country. We can, you know, grab the rudder and steer this country in the direction that we want.”

See what others are saying: (The New York Times) (The Washington Post) (CNN)

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Senate Passes Bill to Help Veterans Suffering From Burn Pit Exposure

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For Biden, who believes his son Beau may have died from brain cancer caused by burn pits, the issue is personal.


Veterans to Get Better Healthcare

The Senate voted 84-14 Thursday to pass a bill that would widely expand healthcare resources and benefits to veterans who were exposed to burn pits while deployed overseas.

Until about 2010, the Defense Department used burn pits to dispose of trash from military bases in Iraq, Afghanistan, and other locations, dumping things like plastics, rubber, chemical mixtures, and medical waste into pits and burning them with jet fuel.

Numerous studies and reports have demonstrated a link between exposure to the toxic fumes emitted by the pits and health problems such as respiratory ailments and rare cancers. The DoD has estimated that nearly 3.5 million veterans may have inhaled enough smoke to suffer from related health problems.

For years, the Department of Veterans Affairs resisted calls to recognize the link between exposure and illness, arguing it had not been scientifically proven and depriving many veterans of disability benefits and medical reimbursements.

Over the past year, however, the VA relented, awarding presumptive benefit status to veterans exposed to burn pits, but it only applied to those who were diagnosed with asthma, rhinitis, and sinusitis within 10 years of their service.

The latest bill would add 23 conditions to the list of what the VA covers, including hypertension. It also calls for investments in VA health care facilities, claims processing, and the VA workforce, while strengthening federal research on toxic exposure.

The bill will travel to the House of Representatives next, where Speaker Nancy Pelosi has pledged to push it through quickly. Then it will arrive at the White House for final approval.

An Emotional Cause for Many

Ahead of a House vote on an earlier version of the bill in March, comedian John Stewart publically slammed Congress for taking so long to act.

“They’re all going to say the same thing. ‘We want to do it. We want to support the veterans. But we want to do it the right way. We want to be responsible,’” he said. “You know what would have been nice? If they had been responsible 20 years ago and hadn’t spent trillions of dollars on overseas adventures.”

“They could have been responsible in the seventies when they banned this kind of thing in the United States,” he continued. “You want to do it here? Let’s dig a giant fucking pit, 10 acres long, and burn everything in Washington with jet fuel. And then let me know how long they want to wait before they think it’s going to cause some health problems.”

For President Biden, the issue is personal. He has said he believes burn pits may have caused the brain cancer that killed his son Beau in 2015.

Senate Majority Leader Chuck Schumer applauded the fact the long-awaited benefits could soon arrive for those impacted.

“The callousness of forcing veterans who got sick as they were fighting for us because of exposure to these toxins to have to fight for years in the VA to get the benefits they deserved — Well, that will soon be over. Praise God,” he said during a speech on Thursday.

A 2020 member survey by Iraq and Afghanistan Veterans of America found that 86% of respondents were exposed to burn pits or other toxins.

Although burn pits have largely been scaled down, the DoD has not officially banned them, and at least nine were still in operation in April 2019.

See what others are saying: (CNN) (Military Times) (Politico)

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