- 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)
Republicans Say They Will Block Bill To Avert Government Shutdown and Debt Default
Democrats argue the bill is necessary to prevent an economic catastrophe.
Democrats Introduce Legislation
Democrats in the House and Senate unveiled sweeping legislation Monday that aimed to keep the government funded through early December, lift the federal debt limit, and provide around $35 billion for Afghan refugees and natural disaster recovery.
The bill is needed to avoid a government shutdown when funding expires next week. It is also necessary to prevent the Treasury Department from reaching the limit of its borrowing authority, which would trigger the U.S. to default on its debt for the first time ever.
For weeks, Treasury Secretary Janet Yellen has urged Congress to raise the federal debt limit, also known as the debt ceiling, warning that the department will soon exhaust all of its measures to keep the federal government within its legal borrowing limit.
If the U.S. were to default, it would be unable to pay its debts, sending massive shockwaves through the financial system.
Democrats have painted the bill as crucial to avert an economic doomsday that would massively undermine recovery.
They argue that the combination of a government shutdown and a debt default would destabilize global markets and leave millions of Americans without essential aid.
Republicans Vow to Oppose Raising Debt Ceiling
Despite the considerable threats, Senate Minority Leader Mitch McConnell (R-Ky.) has repeatedly said Republicans will not vote to increase the debt ceiling, arguing that Democrats should do it without their help because they are pushing trillions of dollars in new spending priorities.
Democrats have slammed the Republican leader’s stance as hypocritical. They point out that while it is true they are proposing new spending, it has not been approved yet, and the debt that currently risks default has been incurred by both parties.
Democrats also noted that trillions of dollars were added to the federal debt under former President Donald Trump, which is more than what has been added by President Joe Biden. As a result, Republicans raised the debt ceiling three times during the Trump administration with the support of Democrats.
McConnell, however, remains unlikely to budge. On Monday, White House officials said McConnell has not outlined any requests or areas of negotiation in exchange for support of the legislation.
While the bill is expected to pass the House, it appears all but doomed in the Senate, where it needs 60 votes to break the filibuster.
See what others are saying: (The Washington Post) (The New York Times) (Politico)
California Gov. Gavin Newsom Survives Recall
Experts say the outcome should act as a warning for Republicans who tie themselves to former President Donald Trump and attempt to undermine election results by promoting false voter fraud claims.
Recall Effort Fails
After seven months and an estimated $276 million in taxpayer money, the Republican-led effort to recall California Gov. Gavin Newsom (D) failed Tuesday.
Just under 70% of the votes have been reported as of Wednesday morning, showing that “no” on the recall received 63.9% of the vote. That’s nearly twice as many votes as “yes,” which had 36.1%.
According to The Washington Post, even if the margin narrows as more votes are counted, this still marks one of the biggest rejections of any recall effort in America over the last century.
Analysts say the historic rebuke was driven by high Democratic turnout and broader fears over resurging COVID cases.
While the Delta variant continues to push new infections to record highs in many parts of the country with lax mask rules and low vaccination rates, California, once a global epicenter of the pandemic, now has one of the highest vaccination rates and lowest new caseloads in the nation.
Newsom has continually tried to convince voters that those figures are the results of his vaccine and masking policies, which have been some of the most aggressive in the U.S.
Given that polls showed the pandemic was the top concern for California voters, it is clear that the majority favored his policies over those of his competitors. Larry Elder, the Republican talk radio host of led the field of 46 challengers, ran on a platform of getting rid of essentially all COVID restrictions.
In his victory speech Tuesday night, Newsom painted the recall’s failure not only as a win for Democratic coronavirus policies but also for Democracy at large.
“We said yes to science. We said yes to vaccines. We said yes to ending this pandemic,” he said. “We said yes to people’s right to vote without fear of fake fraud or voter suppression.”
“I think about just in the last few days and the former president put out saying this election was rigged,” he continued. “Democracy is not a football. You don’t throw it around. That’s more like a, I don’t know, antique vase. You can drop it and smashing a million different pieces. And that’s what we’re capable of doing if we don’t stand up to meet the moment and push back.”
“I said this many, many times on the campaign trail, we may have defeated Trump, but Trump-ism is not dead in this country. The Big Lie, January 6th insurrection, all the voting suppression efforts that are happening all across this country.”
A Warning for Republicans
Newsom’s remarks took aim at the efforts by Elder and other Republicans — including former President Donald Trump — who over the last week have claimed falsely and without evidence that voter fraud helped secured the governor’s win before Election Day even took place.
While it is currently unknown whether that narrative may have prompted more Republican voters to stay home, Newsom’s effort to cast Edler as a Trump-like candidate and the recall as an undemocratic, Republican power grab appears to have been effective.
Now, political strategists say that the outcome of the recall should serve as a warning that Republicans who pin themselves to Trump and his Big Lie playbook may be hurt more in certain states.
“The recall does offer at least one lesson to Democrats in Washington ahead of next year’s midterm elections: The party’s pre-existing blue- and purple-state strategy of portraying Republicans as Trump-loving extremists can still prove effective with the former president out of office,” The New York Times explained.
Even outside of a strongly blue state like California, analysts say this strategy will also be effective with similar candidates in battleground states like Georgia, Arizona, Missouri, and Pennsylvania, which will be essential to deciding control of the Senate.
See what others are saying: (The Washington Post) (The New York Times) (NPR)
Justice Department Sues Texas Over Abortion Ban
The department claims the Texas law violates past Supreme Court precedents on abortion and infringes on Constitutional protections.
Biden Administration Takes Aim at Texas Law
The Department of Justice sued Texas on Thursday in an attempt to block the state’s newly enacted law that effectively prohibits all abortions by banning the procedure after six weeks, before most people know they are pregnant.
The abortion law, which is the most restrictive in the country and does not provide exceptions for rape or incest, allows private citizens to take legal action against anyone who helps a person terminate their pregnancy after six weeks.
In its lawsuit, the Justice Department argued that the Texas law is unconstitutional because it violates past Supreme Court precedents through a technical loophole.
While numerous other states have passed similar laws banning abortion after about six weeks, federal judges have struck down those measures on the grounds that they are inconsistent with Roe v. Wade and subsequent Supreme Court decisions that states cannot prevent someone from seeking an abortion before a fetus can viably live outside the womb, usually around 22 to 24 weeks.
The Texas law, however, skirts the high court decisions by deputizing citizens to enforce the law rather than state government officials, taking the state out of the equation entirely and protecting it from legal responsibility.
Individuals who do so do not have to prove any personal injury or connection to those they take legal action against, which can range from abortion providers to rideshare drivers who take someone to a clinic.
If their lawsuit is successful, the citizen is entitled to a $10,000 award.
DOJ Lawsuit Targets Constitutionality
During a press conference detailing the DOJ lawsuit, Attorney General Merrick Garland referred to the enforcement mechanism as “an unprecedented” effort with the “obvious and expressly acknowledged intention” to prevent Texans from their constitutionally protected right to have an abortion.
“This kind of scheme to nullify the Constitution of the United States is one that all Americans — whatever their politics or party — should fear,” Garland said, adding that the provision of the law allowing civilians “to serve as bounty hunters” may become “a model for action in other areas, by other states, and with respect to other constitutional rights and judicial precedents.”
The Justice Department argued that the Texas policy violates equal protection guarantees under the 14th Amendment as well as the Constitution’s Supremacy Clause, which establishes that the Constitution and federal law generally take precedence over state law.
The lawsuit also claimed that the law interferes with the constitutional obligation of federal employees to provide access to abortion, including in cases of rape or incest, to people who are under the care of federal agencies or contractors such as those in prisons.
Both Sides See Path to Supreme Court
While proponents of abortion rights applauded the Justice Department’s legal challenge, officials in Texas defended the law and accused the Biden administration of filing the lawsuit for political reasons.
“President Biden and his administration are more interested in changing the national narrative from their disastrous Afghanistan evacuation and reckless open border policies instead of protecting the innocent unborn,” a spokeswoman for Texas Gov. Greg Abbott (R), said in a statement.
“We are confident that the courts will uphold and protect that right to life.”
The DOJ’s suit will now be decided by a federal judge for the Western District of Texas, based in Austin.
Depending on how that court rules, either opponents or supporters of the abortion ban are expected to appeal the case, sending it to the conservative Fifth Circuit Court of Appeal and likely ultimately placing the matter before the Supreme Court again in a matter of months.
The Supreme Court allowed the law to go into effect by declining to approve an emergency petition to block the measure last week, but it did not rule on the constitutionality of the policy.
As a result, the Justice Department’s legal challenge could force the high court to hear another facet of the law that it has not yet considered if it decides to see the case.