Saturday, November 28, 2020
Philly News For Your Information


A stunning split decision at the Supreme Court may be the most significant election case of 2020

By PhillyNews.FYI , in News , at October 19, 2020 Tags: , , , , , , ,


On Monday, the U.S. Supreme Court issued what may be its most significant decision involving the 2020 election, and the Democratic Party should be pleased. But there are still reasons for consternation.

Splitting 4-4, the court left in place the Pennsylvania Supreme Court’s decision to extend the deadline to receive mail-in votes until Nov. 6, three days after Election Day. As long as ballots are postmarked by the end of voting on Nov. 3, and received by the 6th, election officials will count the vote.

ADVERTISEMENT

Court watchers had noted that the decision was taking longer than expected, leading to extensive speculation about the backroom machinations. Surprisingly, there was no long dissent or other written opinion that would explain the delay. Chief Justice John Roberts joined with the three liberals on the court in favor of leaving the extension in place, and the four other conservatives voted to overturn it. Many pointed out that were Judge Amy Coney Barrett a Supreme Court justice, as she is expected to be confirmed shortly, she would likely have sided with the other conservatives and flipped the result of the ruling.

But since the court was evenly split, the Pennsylvania court’s decision stands.

This is potentially significant for several reasons. First, Pennsylvania is rated by FiveThirtyEight to be the state most likely to be the “tipping point” state in 2020 presidential election. That means if the race comes down to a single state’s vote, that state is most likely Pennsylvania. Second, extensive polling shows that Democrats are far more likely to be voting by mail than Republicans are. Giving voters more time to get their ballots in and have them count makes it more likely that Democrats, and former Vice President Joe Biden in particular, will prevail in the election.

Republicans brought the challenge to the Supreme Court, arguing that the states’ supreme court had overruled the legislature’s decision to set its elections laws. Democrats opposed this challenge, arguing that the state supreme court has protected Pennsylvanians’ right to vote. Law professor Josh Douglas argued that the conservatives’ vote to hear the case and possibly overturn the state court’s ruling could undermine the very idea of states having their own constitutions.

Some even warned that the votes counted after Election Day may not end up counted anyway, if Republicans take their challenge back to the Supreme Court once Barrett is confirmed. However, it’s not guaranteed that even the four conservative justices would vote the same way if they consider the case again.

ADVERTISEMENT

Enjoy good journalism?

… then let us make a small request. The COVID crisis has slashed advertising rates, and we need your help. Like you, we here at Raw Story believe in the power of progressive journalism. Raw Story readers power David Cay Johnston’s DCReport, which we’ve expanded to keep watch in Washington. We’ve exposed billionaire tax evasion and uncovered White House efforts to poison our water. We’ve revealed financial scams that prey on veterans, and legal efforts to harm workers exploited by abusive bosses. And unlike other news outlets, we’ve decided to make our original content free. But we need your support to do what we do.

Raw Story is independent. Unhinged from corporate overlords, we fight to ensure no one is forgotten.

We need your support in this difficult time. Every reader contribution, whatever the amount, makes a tremendous difference. Invest with us. Make a one-time contribution to Raw Story Investigates, or click here to become a subscriber. Thank you. Click to donate by check.

Value Raw Story?

… then let us make a small request. The COVID crisis has cut advertising rates in half, and we need your help. Like you, we believe in the power of progressive journalism — and we’re investing in investigative reporting as other publications give it the ax. Raw Story readers power David Cay Johnston’s DCReport, which we’ve expanded to keep watch in Washington. We’ve exposed billionaire tax evasion and uncovered White House efforts to poison our water. We’ve revealed financial scams that prey on veterans, and efforts to harm workers exploited by abusive bosses. We need your support to do what we do.

Raw Story is independent. You won’t find mainstream media bias here. Every reader contribution, whatever the amount, makes a tremendous difference. Invest with us in the future. Make a one-time contribution to Raw Story Investigates, or click here to become a subscriber. Thank you.

Report typos and corrections to: [email protected].

Comments


Leave a Reply