The justices have never been asked to apply the “Purcell principle” to a federal election rule. If asked to do so in the mail-in ballots cases, they shouldn't.
My heavens. What a thought. What a plaintive voice in the wind. The DOJ is using that argument. Has all along. And this heads I win, tails you lose Supreme Court used the flip side of it, in its decision to overrule the Court of Appeals to let the cases get good and rotten on the vine.
Here is what we have going on. Roberts does not want to be on the losing side if these cases, nor dies he want to author a 5/4 decision. He has lost the resoect of the minority for good now. He does not want to lose that if any of his partisan colleagues. Nor their votes if they can be had. There are those that will vote to put a stop to this mockery of law and order, on a par with Trump's birthright citizenship order. But there are some who will not abd he wants to keep them in the fold as long as possible. The prior decision represents an agreement reached with them concerning the cases. For the most part, it is just a six person Supreme Court. All that matters to its Reoublican appointed members is what they can agree upon amongst themselves. Like for instance absolving the President of crimes committed while in office.
"Beyond a descriptive claim about the twenty-year history of Purcell, that’s also a normative one. Even taking Purcell at face value, there are two independent reasons why it should not apply when the federal government is the defendant, and a third reason, even for those who embrace Purcell in full, why the Trump administration shouldn’t be able invoke it in the mail-in ballots cases specifically."
Why are you concerned that the Trump administration will invoke Purcell?
Is it because the administration seems to be as desperate for legal rationales as rats looking for food in dumpsters? Or have you seen some evidence that it might?
what if SCOTUS rules as it should and does not intervene . Could it be that certain (red) states will recognize Trump's EO and the USPS rule implementing same? Is it possible that some states will recognize the EO while others will not, thereby throwing the election into the desired chaos??
The point of the USPS Rule is to limit which mail-in ballots will be delivered to voters. So long as the Rule is blocked, the USPS can't enforce those limits, no matter what any individual state might want. So some states "recognizing" the EO and the Rule won't matter because they can't actually *do* anything about it.
My heavens. What a thought. What a plaintive voice in the wind. The DOJ is using that argument. Has all along. And this heads I win, tails you lose Supreme Court used the flip side of it, in its decision to overrule the Court of Appeals to let the cases get good and rotten on the vine.
Here is what we have going on. Roberts does not want to be on the losing side if these cases, nor dies he want to author a 5/4 decision. He has lost the resoect of the minority for good now. He does not want to lose that if any of his partisan colleagues. Nor their votes if they can be had. There are those that will vote to put a stop to this mockery of law and order, on a par with Trump's birthright citizenship order. But there are some who will not abd he wants to keep them in the fold as long as possible. The prior decision represents an agreement reached with them concerning the cases. For the most part, it is just a six person Supreme Court. All that matters to its Reoublican appointed members is what they can agree upon amongst themselves. Like for instance absolving the President of crimes committed while in office.
"Beyond a descriptive claim about the twenty-year history of Purcell, that’s also a normative one. Even taking Purcell at face value, there are two independent reasons why it should not apply when the federal government is the defendant, and a third reason, even for those who embrace Purcell in full, why the Trump administration shouldn’t be able invoke it in the mail-in ballots cases specifically."
Why are you concerned that the Trump administration will invoke Purcell?
Is it because the administration seems to be as desperate for legal rationales as rats looking for food in dumpsters? Or have you seen some evidence that it might?
Thank you for this article. Found it interesting and learned a new principle.
what if SCOTUS rules as it should and does not intervene . Could it be that certain (red) states will recognize Trump's EO and the USPS rule implementing same? Is it possible that some states will recognize the EO while others will not, thereby throwing the election into the desired chaos??
The point of the USPS Rule is to limit which mail-in ballots will be delivered to voters. So long as the Rule is blocked, the USPS can't enforce those limits, no matter what any individual state might want. So some states "recognizing" the EO and the Rule won't matter because they can't actually *do* anything about it.