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February 22nd, 2021 at 12:53:43 PM permalink
Dalex64
Member since: Mar 8, 2014
Threads: 3
Posts: 3687
Quote: terapined
Its a moot case


The consequences of the decision of whether or not to count the ballots is moot, this time, but the issue of whether or not it was constitutional to move the deadline isn't.

By not taking up the case, they are saying that it WAS constitutional, but a future court case over a similar decision on moving a deadline will still be decided by a lower court, if challenged, and that decision could go either way as no precedent or decision was made now.
"Everyone is entitled to his own opinion, but not to his own facts." Daniel Patrick Moynihan
February 22nd, 2021 at 3:05:35 PM permalink
ams288
Member since: Apr 21, 2016
Threads: 19
Posts: 7455
Cancel culture has gotten out of control!!!



A straight man will not go for kids. - AZDuffman
February 22nd, 2021 at 5:41:06 PM permalink
terapined
Member since: Aug 6, 2014
Threads: 53
Posts: 7440
Quote: ams288
Cancel culture has gotten out of control!!!




Somebody that voted to impeach?
Sometimes we live no particular way but our own - Grateful Dead "Eyes of the World"
February 22nd, 2021 at 7:04:07 PM permalink
terapined
Member since: Aug 6, 2014
Threads: 53
Posts: 7440
Quote: Dalex64
The consequences of the decision of whether or not to count the ballots is moot, this time, but the issue of whether or not it was constitutional to move the deadline isn't.

By not taking up the case, they are saying that it WAS constitutional, but a future court case over a similar decision on moving a deadline will still be decided by a lower court, if challenged, and that decision could go either way as no precedent or decision was made now.

I agree with the decision
I'm against any case that disenfranchises any voter
Disenfranchisement is hugely unconstitutional in my opinion
Democracy is accommodating the voter
I think you should have the right to register right up to election day
I think election day should be a mandatory holiday. Get rid of Presidents day.
Why have a deadline getting your vote in as long as its posted on or before the election
Check with the postal service. If they say 99.9% delivered, States can certify
No need to rush, transfer of power not for months
Count ALL the votes
Sometimes we live no particular way but our own - Grateful Dead "Eyes of the World"
February 22nd, 2021 at 9:27:54 PM permalink
Dalex64
Member since: Mar 8, 2014
Threads: 3
Posts: 3687
Quote: terapined
I agree with the decision
I'm against any case that disenfranchises any voter
Disenfranchisement is hugely unconstitutional in my opinion
Democracy is accommodating the voter
I think you should have the right to register right up to election day
I think election day should be a mandatory holiday. Get rid of Presidents day.
Why have a deadline getting your vote in as long as its posted on or before the election
Check with the postal service. If they say 99.9% delivered, States can certify
No need to rush, transfer of power not for months
Count ALL the votes


Well, I disagree with the lack of decision.

The court needs to decide if an agency in charge of an election has the right to decide when ballots are due, on either their authority, or on the authority of the legislature.

Whether or not they did the right thing, I want to know if they had the legal right to do that thing.

You are starting to wander into a bunch of different areas there. If there isn't a law saying that the postal service has to say 99.9% of the ballots have been delivered, some agency can't arbitrarily establish that, or any other, standard.
"Everyone is entitled to his own opinion, but not to his own facts." Daniel Patrick Moynihan
February 22nd, 2021 at 9:35:14 PM permalink
terapined
Member since: Aug 6, 2014
Threads: 53
Posts: 7440
Quote: Dalex64
Well, I disagree with the lack of decision.

The court needs to decide if an agency in charge of an election has the right to decide when ballots are due, on either their authority, or on the authority of the legislature.

Whether or not they did the right thing, I want to know if they had the legal right to do that thing.

You are starting to wander into a bunch of different areas there. If there isn't a law saying that the postal service has to say 99.9% of the ballots have been delivered, some agency can't arbitrarily establish that, or any other, standard.

Bottom line
There is no federal standard
Therefore
Each state is in charge of certifying their result
If the results are certified, the case is moot. States rights.
Sometimes we live no particular way but our own - Grateful Dead "Eyes of the World"
February 23rd, 2021 at 4:19:17 AM permalink
Mission146
Member since: Oct 24, 2012
Threads: 17
Posts: 1515
I'm going to kind of split the middle of Dalex64 and Terapined on this one:

1.) The case is moot insofar as the 2020 Election and the ballots in question wouldn't have changed the result anyway. However, as Dalex64 points out, any potential decision could have consequences in future elections.

To that extent, I'd say that the case is moot, but the question is not.

2.) On the other hand, I think SCOTUS would have ruled against the Plaintiffs-Appellants anyway. As I've mentioned before, the Constitution actually has very little to say about the specifics of conducting elections.

3.) I disagree with Dalex64 that the SCOTUS has effectively upheld the Constitutionality of the conduct of the ballots. Declining to rule on something (take up a case) is just declining to take up a case---it doesn't, by default, mean that they are saying the conduct was Constitutional. Only a ruling can do that. I agree it could be taken up in the future, so my disagreement is on the minor issue of whether or not them declining the case implies Constitutionality.

4.) I basically agree with Terapined on voting, except for two things:

A.) I wouldn't allow for same-day voter registration, at least, not without implementing some voter ID (driver's license/non-operator ID) laws in the state in question.

B.) I wouldn't make it a holiday. I would just let anyone vote by mail, or at County Boards of Election, as many as thirty days in advance provided they bring ID. I tend to think that would make it, 'Easier,' for people than just having that one day off. Less economically disruptive, also, if you're looking to make it the equivalent of Christmas (nearly everything closed) or something.

***I'm usually in favor of States' Rights, the Tenth Amendment is a great one! That being said, it's fair to say that the Election for POTUS is unique in that it is the only Election we have for which the entire country shares the result. While it's true that you vote for the House and the Senate, no voter in the State of Texas can do anything about who New York puts in there.

Anyway, POTUS is a nationwide vote for one position and is the only one we have that is like that. I guess what I'm saying is that I wouldn't be opposed to seeing Congress come together and vote in a standardized set of Election rules that the states have to follow that apply to POTUS only. I'd hope that they aren't ridiculously restrictive or onerous, but I'd certainly think nothing in the Constitution would prohibit Congress from doing such a thing.

More than that, if we were to move to nationwide popular vote for POTUS, or to circumvent the Electoral College (by using national popular vote to delegate EC votes) then I definitely think the Federal Government should regulate the conduct of the Elections.
"More--Never Settle for Less"-More Cigarettes (1988 ad)
February 23rd, 2021 at 4:36:16 AM permalink
AZDuffman
Member since: Oct 24, 2012
Threads: 129
Posts: 14170
Quote: Mission146


B.) I wouldn't make it a holiday. I would just let anyone vote by mail, or at County Boards of Election, as many as thirty days in advance provided they bring ID. I tend to think that would make it, 'Easier,' for people than just having that one day off. Less economically disruptive, also, if you're looking to make it the equivalent of Christmas (nearly everything closed) or something.


The people who want it to be a "holiday" are the people who have never run a business. Even if it were a holiday they would still be whining that it is "too hard" and "too hard for 'minorities'" to get there.

Think about holidays. How many do things really close for? Christmas, and now a lesser extent Thanksgiving. Fact is lots of places just cannot close. You cannot close things like a farm or steel mill. Cannot close a hotel. Cannot just stop all air traffic for a day. Cops have to work. Water and electricity must flow.

No, a holiday is just a plea for some people, mainly government workers, to get another paid day off work. Fact is if we had election day only and no early voting people who want to vote will find a way to make the time. Instead they make excuses.
Who is John Galt?
February 23rd, 2021 at 5:26:58 AM permalink
Mission146
Member since: Oct 24, 2012
Threads: 17
Posts: 1515
Quote: AZDuffman
The people who want it to be a "holiday" are the people who have never run a business. Even if it were a holiday they would still be whining that it is "too hard" and "too hard for 'minorities'" to get there.

Think about holidays. How many do things really close for? Christmas, and now a lesser extent Thanksgiving. Fact is lots of places just cannot close. You cannot close things like a farm or steel mill. Cannot close a hotel. Cannot just stop all air traffic for a day. Cops have to work. Water and electricity must flow.

No, a holiday is just a plea for some people, mainly government workers, to get another paid day off work. Fact is if we had election day only and no early voting people who want to vote will find a way to make the time. Instead they make excuses.


I agree with everything up until the end. Correlation is not causation, but when it comes to the Election for which voting was the easiest ever (in many states) we had record election turnout.

Granted, it also didn't hurt that Trump resulted in so many new voters. Many of whom were voting because the love Trump; many because they hate Trump...or at least hate him as POTUS.
"More--Never Settle for Less"-More Cigarettes (1988 ad)
February 23rd, 2021 at 5:37:00 AM permalink
AZDuffman
Member since: Oct 24, 2012
Threads: 129
Posts: 14170
Quote: Mission146
I agree with everything up until the end. Correlation is not causation, but when it comes to the Election for which voting was the easiest ever (in many states) we had record election turnout.

Granted, it also didn't hurt that Trump resulted in so many new voters. Many of whom were voting because the love Trump; many because they hate Trump...or at least hate him as POTUS.


Most elections have record turnout because we have an increasing population. True this one motivated many people to come out and the Democrats to go dig some up. But to me uninformed people voting is not a good thing. It is just a thing.
Who is John Galt?