EXPLOSIVE Week at Supreme Court with MAJOR Cases ON THE LINE | It's Complicated
Quick Read
Summary
Takeaways
- ❖The Supreme Court case *Watson v. RNC* questions whether mail-in ballots must be *received* by Election Day, potentially overturning a Mississippi law allowing a five-day grace period for postmarked ballots.
- ❖The RNC is challenging a mail-in ballot law initially passed by a Republican-led Mississippi legislature during COVID-19, despite the potential for mail-in voting to benefit various demographics.
- ❖Justice Jackson highlighted that a proposed bill to prohibit late ballot counting implies current law *allows* it, strengthening the argument for state flexibility.
- ❖The DOJ's voting section failed to properly serve Washington State's Secretary of State in a lawsuit seeking voter information, missing a 90-day deadline due to alleged unfamiliarity with state procedures.
- ❖The acting chief of DOJ's voting section, Eric Nef, has a controversial background, previously placed on administrative leave for basing a prosecution on election fraud conspiracy theories.
- ❖Minnesota is suing the Trump administration and FBI for obstructing state investigations into three federal agent shootings by withholding evidence, crime scene access, and agent identities.
- ❖The FBI's stonewalling prevents state authorities from investigating potential state crimes committed by federal agents, raising concerns about federal agent impunity.
- ❖The Minnesota lawsuit includes a 10th Amendment claim, arguing the federal government is violating the state's sovereign right to investigate crime within its jurisdiction.
Insights
1Supreme Court Poised to Restrict Mail-In Voting Grace Periods
The Supreme Court is hearing *Watson v. RNC*, a case challenging Mississippi's law that allows mail-in ballots postmarked by Election Day to be counted if received within five business days. The RNC argues this grace period violates an 1845 federal law establishing Election Day. A ruling against Mississippi could eliminate similar grace periods in at least 18 other states and territories, potentially disenfranchising voters due to postal delays.
Mississippi's law was passed by a Republican legislature during COVID-19 (). The RNC is challenging it, arguing ballots must be *received* by Election Day (). Justice Jackson noted that a proposed bill to prohibit late ballots suggests current law allows them (). At least 18 other states allow late ballots ().
2DOJ's Incompetence Undermines Election-Related Lawsuits
The Department of Justice's voting section failed to properly serve Washington State's Secretary of State in a lawsuit seeking voter information, missing the 90-day deadline for service of process. This fundamental legal error, attributed to the acting chief's 'unfamiliarity' with state procedures, is part of a pattern of incompetence in high-profile, politically charged cases, potentially benefiting those targeted by the lawsuits.
DOJ sued Washington State for voter information (). They failed to serve Secretary of State Steve Hobbs within the 90-day federal rule deadline (). The acting chief, Eric Nef, cited 'unfamiliarity' with Washington state service procedures (). Nef was previously on administrative leave for a prosecution based on election fraud conspiracy theories ().
3Minnesota Sues FBI for Obstructing State Investigations into Federal Agent Shootings
Minnesota is suing the Trump administration and the FBI for actively obstructing state investigations into three separate shootings involving federal agents (Renee Good, Alex Prey, Julio Cesar Sosa Celis). The FBI has refused to share evidence, grant access to crime scenes, or even provide the names of involved agents, effectively preventing state authorities from pursuing accountability for potential state crimes. This raises a significant 10th Amendment claim regarding state sovereignty and police power.
Minnesota is suing over access to evidence in three shooting cases: Renee Good, Alex Prey, and Julio Cesar Sosa Celis (). The FBI has withheld weapons, impounded vehicles without processing, and refused to name agents (). This stonewalling prevents state investigation and prosecution, despite federal procedures for sharing such information (). The lawsuit includes a 10th Amendment claim ().
Bottom Line
The Supreme Court's narrow interpretation of 'Election Day' could force a federalization of election laws.
If the Supreme Court continues to restrict states' ability to facilitate voting in a modern era (e.g., mail-in ballots, early voting), it could create pressure for Congress to establish uniform federal election standards, despite historical state control.
Advocacy groups could leverage restrictive Supreme Court rulings to push for federal legislation that standardizes and protects voting access nationwide, potentially overriding state-level restrictions.
Federal agents may operate with increasing impunity if states are blocked from investigating their actions.
The FBI's obstruction in Minnesota sets a dangerous precedent where federal agencies can shield their agents from state-level accountability for alleged crimes, creating a 'two-tiered' justice system where federal agents are effectively above state law.
States facing similar federal obstruction could form a coalition to collectively challenge federal agencies in court, strengthening the legal argument for state police power and accountability over federal agents operating within their borders.
Key Concepts
The Mailbox Rule (Contract Law Analogy)
In contract law, an acceptance is generally effective when it is dispatched (e.g., placed in the mail), not when it is received. This concept was used by the hosts to argue that a ballot should be considered 'cast' when mailed, not when received, aligning with Mississippi's challenged law.
States' Rights vs. Federal Power
This model explores the tension between state sovereignty and federal authority. The podcast highlights how the federal government, through the Supreme Court and the DOJ, is encroaching on states' traditional powers to regulate elections and investigate crimes committed within their borders, despite Republican rhetoric often favoring states' rights.
Lessons
- Vote early in person or by mail where available, to mitigate risks associated with potential changes to mail-in ballot deadlines and postal service issues.
- Stay informed about local and state election law changes, especially concerning mail-in and early voting, as Supreme Court rulings may alter existing procedures.
- Support state-level efforts to ensure accountability for all law enforcement, including federal agents, by advocating for transparent investigation processes and inter-agency cooperation.
Notable Moments
The host compares the DOJ's varied tactics to obtain voter information to velociraptors testing a fence for weaknesses.
This analogy vividly illustrates the perceived aggressive and experimental nature of the DOJ's efforts to influence state election processes, highlighting a strategic, rather than accidental, approach to finding legal loopholes.
Quotes
"If you're going to come down on the side that all ballots have to be received by election day, you can't also leave open the ability of any one person, including potentially the sitting president or the administration that's in power, to manipulate the mails."
"It's not even that they're not investigating it. They're actively keeping the state from obtaining any of the evidence so they can pursue their own investigation and their own charges."
"This is, you know, the DOJ trying to get access to voting materials in a very questionable and contentious high-profile matter and they screwed up and I could see a court just holding them to it."
Q&A
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