Although you never know, by far the most likely result right now is that Joe Biden gets a convincing-to-landslide victory on extremely high turnout. If this happens, we’re going to be hearing a lot of bullshit about how Republican vote suppression efforts are therefore imaginary or irrelevant:
“It didn’t work” is not actually a defense of an attempt to deny people the fundamental right to choose their government, as much as conservatives might want it to be— 😱 Endless Zoom Meeting 😱 (@AdamSerwer) October 28, 2020
The argument that vote suppression is no big deal it can be overcome in specific elections is incredibly dumb. It’s like saying that it would be fine for Roger Goodell to mandate that any team he doesn’t like start every game losing 0-10, because it wouldn’t make it literally impossible for that team to win, and indeed if the team overcomes the deficit it proves it was never at any disadvantage at the first place. If Dems win the White House and the Senate, they need to pass a comprehensive voting rights act to address it, and in the unfortunate event that the votes aren’t there to expand the courts ex ante they need to be prepared to do so if the Court strikes part or all of it down.
Speaking of which, never forget that an Associate Justice of the Supreme Court of the United States barfed this fascist nonsense into the United States Reports in service to the president who nominated him:
Full Trump quote:
"We'll see what happens at the end of the day [on Election Day]. Hopefully it won't go longer than that. Hopefully the few states remaining that want to take a lot of time after November 3rd to count ballots, that won't be allowed by the various courts."— Niels Lesniewski (@nielslesniewski) October 28, 2020
Good to see Bernie and Klobuchar push back on this immediately.
The significance of Kavanaugh saying the quiet parts through twenty foghorns, in an opinion riddled with more basic factual errors and logical fallacies than every undergraduate research essay on the Supreme Court I’ve ever graded combined, isn’t that the election theft he is very openly supporting is likely to work. It’s that if the opportunity arises it is virtually certain Court as currently configured will steal the election. Probably — although not certainly! — that election won’t be 2020, but Kavanaugh has a life term. Leaving someone who is willing to openly declared his willingness to steal an election — and remember that Kavanaugh spent November 2000 arguing that ballots that arrived well after Election Day and didn’t meet technical standards should be counted, he’s lying and knows he’s lying — as part of an unchastened Supreme Court majority like a ticking bomb is unacceptable.
If Biden gets the knockout blow on November 3 that renders the Kavanaugh/Trump plan to declare victory in PA and WI at midnight on November 3 and get their fellow lawless hacks on the federal judiciary to stop the vote counts moot, there will be a lot of pressure to just forget the whole thing. But Democratic elected officials shouldn’t forget. Brett Kavanaugh has told us exactly what he is, and the idea that a Court with Kavanaugh as its median vote has some kind of Sacred Legitimacy that should be beyond the reach of the tools the founders gave Congress precisely so it could address the potential abuse of power by the judiciary is utterly absurd. The future of American democracy depends on the federal judiciary being comprehensively reformed.