Federal US Supreme Court, State Supreme Court And Supreme Court discussed on The Beat with Ari Melber


It up ahead we have a lot more in the program. There's a new supreme, court ruling involves counting ballots could impact a race if it's close the top Supreme Court lawyer from the Obama Administration Koch all is with us next. Hi. I'm Brooke and Marisha and where the hosts of even the rich a show about people with a lot of money and a lot of feelings Brooke. What's the worst thing that can happen to a politician getting voted out of office how about driving your car off a bridge and leaving a young woman trapped inside which is exactly what Ted Kennedy did in Nineteen, sixty nine. It was a scandal that rocked the nation and threatened to bring down the entire Kennedy Empire subscribe to even the rich Chappaquiddick on apple podcasts spotify the wondering APP or wherever you're listening right now join wonder plus in the wondering APP to listen Ad Free. Some legal and campaign news here tonight, election officials and the critical swing state of Wisconsin. Trying to get votes with turned in time here for ballots because of a new deadline from the Supreme Court which says ballots must arrive by election to be counted. Right. Now, there are two, hundred, Eighty, seven, thousand mail ballots in the state out there that would now have to be returned by Tuesday. We are joined by the perfect guest, the former acting us or General Neil Cacho. He has a piece in the New York Times warning about many of these issues and whether or not the Supreme Court's getting too involved in state election law. Could see Neil, break it down for us. Good to see you. So Wisconsin's a big state and so obviously, the decision that Spring Court rendered on Mondays important for that reason but it's much more fundamental than our. It's about really who decides election disputes in for two hundred years. America's had a real simple rule if it's a state decision, that's a matter of state law decided by the State Supreme Court the Supreme Court has nothing to do with it and vice versa a federal. Piece of law than the Federal US Supreme Court decides that over ninety percent of lawn America's done at the state level the state courts control it. That's like the most fundamental limit on what the US Supreme Court can do. You can't touch state law on Monday with the Supreme Court did as say, Oh, no respect to Wisconsin. We are going to start the power to trump or to. State Law in basically say this is what the state law means and requires. So with that means practically all these decisions or reading about now in State Court saying you gotta extend the ballot deadlines as long as postmarked by Tuesday it your ballot can come in days later, the Wisconsin court stat and what the US Supreme Court is saying at least at least what some justices are saying in an opinion by Justice cavenaugh is no. We get to decide that there's only one time ever when any justices suggested that that was Bush versus Gore in two thousand and three justices that's not even a majority and nobody's bought it since. And then in a different state, you have news on in. Pennsylvania. where it would appear that even with Justice Barron joined the court she's not participating. She's brand new walk through that one because that broke today. Yes, that just happened about an hour ago. So Pennsylvania said the Pennsylvania, Supreme Court. Said their constitution has a guarantee of quote free and equal voting, and so what they said that meant in image of coronavirus in post office delays is that as long as you mail your ballot by Tuesday if it comes in by Friday, it's GonNa. Count the Republicans tried last week to bring that to the US Supreme Court

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