Three weeks ago, I asked “Will Courts Be Changing Voting Rules Right Up to Election Day?” Since then, some of the more extreme examples I mentioned in that post have been walked back. On Monday night, the Supreme Court upheld, by a 5 to 3 vote, a decision by the Seventh Circuit Court of Appeals that overturned a federal district court decision in Wisconsin to extend the period for getting absentee ballots back to the election board until six days after Election Day. (Wisconsin law provided that absentee ballots had to be received by Election Day.)
What I wanted to talk about here are a couple of things Justice Elena Kagan said in her dissent in that decision. Justice Kagan said: “As the COVID pandemic rages, the Court has failed to adequately protect the Nation's voters." and "[T]he Court's decision will disenfranchise large numbers of responsible voters in the midst of hazardous pandemic condition.”
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