NEW: A far-right panel of the 5th Circuit rules that it is *illegal* for states to count ballots that arrive shortly after Election Day but are postmarked by Election Day. 18 states + D.C. count these ballots. This decision would shred those laws. s3.documentcloud.org/documents/25... - ThreadSky

mjsdc.bsky.social • 166 days ago

NEW: A far-right panel of the 5th Circuit rules that it is *illegal* for states to count ballots that arrive shortly after Election Day but are postmarked by Election Day.
18 states + D.C. count these ballots. This decision would shred those laws. https://s3.documentcloud.org/documents/25252882/rnc-ballots-case.pdf

Comments

ramsandhoosiers.bsky.social•166 days ago

(Thinking about how long the ballot counting/election process was drawn out in the Founders time). I mean I know “originalism” is bullshit but this is gonna be one doozy of a ruling still.

busticated.bsky.social•166 days ago

louie dejoy cackling like a demon and wringing his hands in anticipation

luciecatnip.bsky.social•166 days ago

Did they yell, "Stop the count!!"

tasiaf.bsky.social•166 days ago

i still hear that: watching news show groups of magats yelling "stop the count" and another group in a diff state yelling "count the votes" my stomach hurts

aliceinkeynes.bsky.social•166 days ago

megatrope.bsky.social•166 days ago

That sucks

lordoflemmings.bsky.social•166 days ago

Fuuuuuuuuck the 5th circuit.

kombejobu.bsky.social•166 days ago

I remember preparing my tax returns very late. driving to the post office, which was open after hours, had staff standing outside taking tax returns by hand. Those returns were stamped on April 15th & according to the IRC deemed filed that day even though they weren't received till well after

paulogustavo.net•166 days ago

STOP THE COUNT

mrpieceofwork.bsky.social•166 days ago

🤦

maledicta.bsky.social•166 days ago

James Ho, Kyle Duncan, and Andy Oldham has to be the furthest right panel of 3 judges you could possibly draw in any federal appellate court, right?

mseraphimsl.bsky.social•166 days ago

You could draw a pretty scary one out of the 6th circuit too. That court has 6 Trump appointees on it. Murphy, Bush and Readler, maybe?

scocca.bsky.social•166 days ago

I guess he’s not on board with the independent state legislature approach, then?

ncalcote.bsky.social•166 days ago

Ratfucking elections is it’s own judicial belief

as58.bsky.social•166 days ago

Isn't there some "history and tradition" for counting those ballots?

bshirley.shirl.com•166 days ago

don’t the states administer elections?

bugger off, federal court.

mseraphimsl.bsky.social•166 days ago

Article I section 4 allows Congress to specify time, place and manner. That's why this ruling has an exception for UOCAVA where Congress does allow states to count ballots received after election day. In this case, Congress not specifying should have given states leeway to do it for absentee too.

mushtaq44.bsky.social•166 days ago

Purely coincidental of course that nobody had noticed that this was "illegal" in the past. Or in a time when mail in ballots were liked by Republicans because they were thought to mainly be used by elderly voters...

poppycock.bsky.social•166 days ago

i expect scotus will take this up in a month or two, whenever they get around to it...

spaceturtleart.bsky.social•165 days ago

Love how they always want states rights unless the states are doing things they don't like, like enfranchising voters

(Also. Are they really ok with throwing out all the *military* votes this would affect?)

accountabilabuddy.bsky.social•165 days ago

Those jurisdictions should follow their laws instead of... whatever all this was supposed to be.

Also they should follow the 14th amendment and void any votes for Donald Trump, who is disqualified from office.

yardtabby.bsky.social•166 days ago

Now all they need is a way to ensure that mail-in ballots arrive after election day.

femmefutbolatl.bsky.social•166 days ago

FML ... I am SO very tired of the Incel Brigade. Makes me want to surrender my law license just so that no one can associate me with the unethical lickspittle perpetuating these assaults on our fundamental rights — and on our democracy — over the past decade. Ugh.

youlikeraisins.bsky.social•166 days ago

Republican Paul Weyrich: "I don't want everybody to vote. Elections are not won by a majority of people. They never have been from the beginning of our country, and they are not now. As a matter of fact our leverage in the elections quite candidly goes up as the voting populace goes down."

kdmz.bsky.social•166 days ago

What Republican Paul Weyrich really is telling you right there: G O T V ✊ 💙

billstewart.bsky.social•165 days ago

One of Trump's few court victories on elections was about exactly how many days after election day were mail-in ballots arriving in Pennsylvania allowed to be counted.
It wasn't zero.

blimple.bsky.social•166 days ago

It really sucks when judges flout the law

curtosis.bsky.social•166 days ago

Standing is for suckers.

jmlandau.bsky.social•166 days ago

Coming next from the 5th Circuit: only ballots tabulated by midnight on Election Day can be counted.

lordoflemmings.bsky.social•166 days ago

Don't give them ideas!!

isobelcarr.com•166 days ago

Also, you can't start counting mail-in ballots until the polls open on election day.

giantrobo.bsky.social•166 days ago

No no no that's too soon, you can only count mail in ballots once the polls close.

(Calvinball)

kaplanfx.bsky.social•166 days ago

The 5th circuit also has judicial review now?

rockwils1.bsky.social•166 days ago

DeJoy's heart is filled with joy

kathycook.bsky.social•166 days ago

How can this stand if the voters are told ballots postmarked by Election Day are valid? Wouldn’t the Supreme Court have to stand by that (even this Supreme Court)?

mistyksnow.bsky.social•166 days ago

Supreme Court doesn't care about the will of the voters. Remember Bush v Gore?

natanael.bsky.social•166 days ago

Yup, already cast votes should not be allowed to be struck by such a late ruling

bringthenoise.bsky.social•166 days ago

Not when a majority of the court are fascists (getting bribed by even richer fascists, just to make sure).

arthurdeodat.bsky.social•166 days ago

It’s obviously unconstitutional. But it’s not clear anyone will stop them.

bethmeacham.bsky.social•166 days ago

Elections should follow IRS rules. If it's postmarked by election day, it's on time.

mjsdc.bsky.social•166 days ago

BUT: The 5th Circuit decision only applies to Mississippi, the one state within the circuit that counts ballots received after Election Day.

The 5th Circuit is trying to tee up a Supreme Court decision to strike down ballot laws in many other states, too. https://s3.documentcloud.org/documents/25252882/rnc-ballots-case.pdf

xl-diva-ranting.bsky.social•166 days ago

Exactly. All of it is designed to get to US SupCo and that scares the bejeepers out of me.

brooklynkid53bskys.bsky.social•166 days ago

If it takes months to rule on presidential immunity surely the SCOTUS can't rule on this in two weeks ?

LOL

mjsdc.bsky.social•166 days ago

The 5th Circuit declined to issue a preliminary injunction against Mississippi's law, but declared it illegal and ordered the district court to issue an appropriate remedy. Nobody knows what that will look like! Confusion will now reign. https://s3.documentcloud.org/documents/25252882/rnc-ballots-case.pdf

urbfuturistdem.bsky.social•166 days ago

Did they give the district court a deadline? Could the judge slow walk it or are they not likely to want to?

mjsdc.bsky.social•166 days ago

IF the district court tries to stop Mississippi from counting late-arriving ballots—which the 5th Circuit sort of suggests it should—I think the Supreme Court will block it because the election is too close. But who knows? SCOTUS is wildly inconsistent in this area.

coolhandvuk.bsky.social•166 days ago

I mean certainly wouldn't be the first time they said "Purcell is only real if it hurts Democrats"

bertin.bsky.social•166 days ago

Like wasn’t February too close to the election for them to make Alabama redraw its maps?

lgrooney.bsky.social•165 days ago

It was too late in an election year for the Senate to decide on a SCOTUS seat… in 2016. Of course, in 2020, it wasn’t too late in September.

laureanne.bsky.social•166 days ago

And the majority is very obviously, blatantly partisan. #SCOTUS

aunticles.bsky.social•166 days ago

I wouldn't put it past this SCOTUS, they dgaf how partisan they look any more

tahfromslc.bsky.social•166 days ago

Jfc. Utah ballots say they can be mailed on the day before the election and be counted. This could fuck over a lot of voters if it goes nationwide.

notnacre.bsky.social•166 days ago

This SCOTUS is compromised. I don't trust that they'll follow precedent in anything.

ravenonthill.bsky.social•166 days ago

If this becomes a Supreme Court decision, it would require votes sent on election day in Oregon and Washington to be discarded.

virginiat.bsky.social•166 days ago

States rights when it suits them, federal law reigns supreme when it doesn’t, just the whack-a-mole jurisprudence we all were craving!

davitivan.bsky.social•166 days ago

SCOTUS is in the tank for trump, they will not block it

tarnado.bsky.social•166 days ago

that is their job, after all

jpheyrman.bsky.social•166 days ago

Of course the originalist position, shredded by Bush v. Gore, is that states have great discretion in running elections.

sophienotemily.bsky.social•166 days ago

I understand this, but I also think that for federal elections, there should be federal standards. in This Day And Age when we can easily (well, relatively easily) communicate without having to wait for actual snail mail, originalism in this sense is outdated.

uhjustin.bsky.social•166 days ago

I think that’s something to shoot for but keep in mind that there are still people pretty disconnected in some states, as well as Americans abroad who depend on snail mail in certain situations. Their votes should still be counted even if logistics causes their votes to arrive after Election Day.

sophienotemily.bsky.social•165 days ago

oh, I agree with VOTING by mail. I just think that the ballot design and machine design should be standardized for federal elections. leaving it up to the states causes too many discrepancies - I'm still amazed we didn't do more voting reform after Florida in 2000.

uhjustin.bsky.social•165 days ago

That’s fair

sadvil.bsky.social•166 days ago

Might try to revise this for clarity. The decision itself only substantively affects the laws of Mississippi (and the other 5th Circuit states). People are nervous enough, Mark!

friskydingus.bsky.social•166 days ago

Did you read the thread?

sadvil.bsky.social•166 days ago

of course I did. It doesn’t make the first tweet less misleading or inaccurate. (“This eviscerates those laws…EXCEPT it doesn’t.”)

friskydingus.bsky.social•166 days ago

👁👄👁

abigail.cloverdalelane.com•166 days ago

How does Ho always end up on these panels?🤔🤨

tarnado.bsky.social•166 days ago

new legal theory: mandatory, summary impeachment and removal when a Federal judge writes "the upshot:" in a ruling

tarnado.bsky.social•166 days ago

WHAAAT? WHAT ON EARTH FOR

nada-accomplished.bsky.social•166 days ago

Why, to steal the election, darling!

tarnado.bsky.social•166 days ago

right, I picked up on that pretty darn quick once I started reading. It *is* all about teeing up a SCOTUS case that neutralizes the widened franchise in states BESIDES Mississippi.

nada-accomplished.bsky.social•166 days ago

And the Overton window marches steadily rightward toward fascism

kdmz.bsky.social•166 days ago

… or so the shitposters said.

kdmz.bsky.social•166 days ago

They want to tell you: vote!

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