Welcome back, Deadline: Legal Newsletter Readers. The Supreme Court on Friday evening rejected a Republican bid by Pennsylvania to block the counting of certain ballots in the swing state. But on Wednesday, the court backed the Republican Party in approving a voter purge in Virginia. We will have to see which court will appear next week and during any election cases.
In the Pennsylvania caseRepublicans wanted the justices to block the counting of provisional ballots by voters whose mail-in ballots were rejected due to technical flaws. The Supreme Court rejected the challenge, with Justice Samuel Alito issuing an accompanying statement saying the case raised an issue of “substantial importance.” But in the statement, joined by fellow GOP appointees Clarence Thomas and Neil Gorsuch, he said procedural issues in the appeal meant they could not provide relief to Republicans even if they wanted to.
In the Virginia case the Roberts Court sided with the Republicans over dissent from the three Democratic appointees. And what was the majority’s rationale for approving voter purges in the state, which apparently violates federal law? It provided no explanation for the ruling that removed U.S. citizens from the rolls, despite the state’s claim that it sought to remove noncitizens. Although the order applies to a state that is not considered one of the key battlegrounds, it sets a troubling precedent for any potential voting rights lawsuits.
The judges rejected Robert F. Kennedy Jr.’s bids. off to get out the vote in the swing states of Wisconsin and Michigan. The court previously rejected Kennedy’s search on The vote in New York, after the former independent candidate suspended his campaign in August and endorsed Trump. Michigan attorneys successfully opposed Kennedy’s appeal, pointing out that he failed to explain “how he could be irreparably injured by the very thing he asked for in New York.”
That didn’t stop Gorsuch of differing opinions. The Trump-appointed judge said he was persuaded by the opinion of Trump-appointed appeals court judges, who said Kennedy raised a crucial issue: “Does forcing someone to vote violate the First Amendment? ” But the court did not consider it important enough to comment on it.
Cornel West also lost at the Supreme Court this week. The spoiler candidate wanted an order placed at polling places in Pennsylvania telling voters they could register him for president. But Alito, who handles emergency orders from that region, rejected West’s long-awaited bid on his own, essentially deeming it unworthy of being referred to the full court.
The judges return to the bench The two-week November wrangling session kicks off Monday with a handful of hearings unrelated to the election. While any appeal may be important, we will be closely monitoring all orders in voting matters, both leading up to and after Election Day. The question I asked at the beginning of the term: “Will the Republican-appointed majority find a way to put the Republican nominee back in power?” – remains open.
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This article was originally published on MSNBC.com
