Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Get to your mailboxes right now, Supreme Court tells procrastinators in Wisconsin

Wisconsin voter

Wisconsin voters have been advised to vote in person if they do not get their ballots in the mail today.

Kamil Krzaczynski/Getty Images

Wisconsinites with ballots sitting on their kitchen tables have received the same message now from two of Washington's most influential institutions, the Supreme Court and the Postal Service: Complete them and get them in the mail right away. As in, Tuesday.

USPS long ago set this day as the best-practices cutoff for mailing an absentee ballot with confidence it would arrive by Election Day. The warning took on special urgency Monday in one of the top presidential battlegrounds, when the high court voted 5-3 against Wisconsin accepting any mailed ballots arriving after the polls close a week from now.

The decision was the last in an election law dispute before Justice Amy Coney Barrett was confirmed and sworn in Monday night. She can now participate in the appeals of ballot receipt extensions in two other tossups, Pennsylvania and North Carolina.


Wisconsin estimates that, while 1.1 million people have already voted by mail, 670,000 more packets have been delivered but not returned. Those people can now hope for decent mail service or go vote in person. Their number is 30 times more than President Trump's margin in carrying the state's 10 electoral votes four years ago. Former Vice President Joe Biden has a narrow polling lead now.

A federal judge last month ordered Wisconsin to count ballots delayed in the mail as long as six days so long as they were postmarked by Nov. 3, describing that as a reasonable accommodation while the coronavirus has made logistics difficult for both the electorate and the post office.

The Supreme Court put a stop to that order at the request of Republicans, with the justices named by GOP presidents in the majority and those named by Democrats in dissent.

"We're dialing up a huge voter education campaign," state Democratic Party Chairman Ben Wikler said on Twitter after the decision was announced..

Just a few minutes after the ruling came out, Trump pressed anew his almost entirely fact-free assault on the integrity of an election that will be more reliant on mailed votes than ever before.

"Big problems and discrepancies with Mail In Ballots all over the USA. Must have final total on November 3rd," he tweeted without any evidence — and overlooking the fact that many states have already said that counting close contests will take several days. (Twitter labeled the post "disputed," saying it "might be misleading about how to participate in an election or another civic process.")

Justice Brett Kavanbaugh, put on the bench by Trump two years ago, used his Monday opinion to offer a sort of buttoned-up echo of what the president has been hammering at.

"States want to avoid the chaos and suspicions of impropriety that can ensue if thousands of absentee ballots flow in after Election Day and potentially flip the results of an election," he wrote. "States also want to be able to definitively announce the results of the election on election night, or as soon as possible thereafter."

If they are similarly successful, the next two GOP appeals to the high court would help Trump get some of the certainty he says he wants next week.

The law in North Carolina, with 15 electoral votes, already says ballots are valid if they arrive three days late, but the party is hoping to block an additional six-day extension ordered by the state Board of Elections and backed by a federal appeals court last week.

Also last week, the Supreme Court itself allowed Pennsylvania (with 20 electoral votes) to keep a three-day extension ordered by the state's top court, because the justices deadlocked 4-4 on whether to block it. Barett's vote would tip the scales in the fresh appeal.

In that case, Chief Justice John Roberts joined the court's liberals — which he did not do Monday. In a brief opinion, he said the Pennsylvania extension was decided by state courts citing state law while the Wisconsin extension was decreed by a federal judge applying federal law, which the court has said several times this year should happen sparingly in disputes shaping election rules.

"No one doubts that conducting a national election amid a pandemic poses serious challenges," Justice Neil Gorsuch wrote in reiterating that view Monday. "But none of that means individual judges may improvise with their own election rules in place of those the people's representatives have adopted."

The court's first ruling in a 2020 elections procedure case concerned voting by mail in Wisconsin's April primary, during the first Covid-19 surge. The justices rejected a postmark extension ordered by a lower court but did not touch a similar six-day extension for the arrival of ballots — mainly because the appeal did not seek to reverse that part of the judge's ruling. As a result, about 80,000 ballots (or 5 percent of the total) were tabulated even though they arrived after primary day.


Read More

A young man holding a smartphone to his ear.

A California church models civil political dialogue through Living Room Conversations, showing how curiosity and listening can bridge divides and strengthen relationships.

Getty Images, Cultura Creative

A Conversation You’ve Been Putting Off?

The Episcopal church in Placerville, California, is not an obvious candidate for political harmony. Its congregation is roughly half conservative and half progressive — a split that, over the past decade, has torn apart faith communities across the country. But this one held together through the pandemic. Through two bruising election cycles and everything else, the congregation’s priest, Debra Sabino, managed to keep their core values front and center. And recently, its members decided they wanted to do more.

Start with what everyone already agrees on

Ken Futernick, co-lead of Bridging Divides El Dorado, was asked to facilitate an event after a recent Sunday service. He began with a simple exercise. He asked people to think about the most important things in their lives — and then to tell the person next to them where their relationships with friends and family ranked on that list.

Keep ReadingShow less
Democracy Isn’t Eroding. It’s Evolving. The Question Is: Toward What?
a group of flags

Democracy Isn’t Eroding. It’s Evolving. The Question Is: Toward What?

I fell in love with democracy before I fully understood it.

In high school civics classes in the 1990s, I learned about a system that was imperfect in its origins but evolving toward something better. I believed in that evolution. I believed that democracy, if nurtured, could become more inclusive than the one it started as.

Keep ReadingShow less
Macbeth’s Warning: How Ambition and Power Threaten Our Democracy

Engraving of three witches around a bubbling cauldron in a cave summoning an apparition of a rising demon in the background recalling a scene from Shakespeare's Macbeth..Image found in an 1881 book: "Zig Zag Journeys in the Orient" Published by John Wilson & Son, Cambridge, Massachusetts.

Getty Images, KenWiedemann

Macbeth’s Warning: How Ambition and Power Threaten Our Democracy

“Something wicked this way comes…” chant the three witches in Shakespeare’s Macbeth, hailing the former general, now the new king of Scotland.

And indeed, something wicked this way has come to us, in the threat that we are facing to our democracy.

Keep ReadingShow less
The American Dream Now Comes with a Higher Price Tag

People protest for "family affordable Housing"

Photo provided

The American Dream Now Comes with a Higher Price Tag

Basma Ahmad leaves her apartment in Arlington, Va., just after 7 a.m., walking a few blocks to a Metro station before catching the train into Washington. By the time she reaches her office downtown, the commute has taken close to an hour.

Ahmad, 25, moved to the United States from Pakistan last year to work in policy research. She shares a three-bedroom apartment with two roommates, and her portion of the rent is about $1,100 a month.

Keep ReadingShow less