CJ Roberts allows ballots without postmarks to be counted after election
4-4 split leaves absurd lower court decision in place. We need Amy on the court to resolve these decisions without absurd ties. And we need Roberts to wake the fuck up and do his job, or else resign and publicly admit that the left has been blackmailing him. Seriously. In what sane universe do you count votes without postmarks that were received after the election? That is an invitation to fraud. And if those ballots decide the presidency... well, that's a nightmare scenario we don't need.
This is hardly a surprise. Biden has signaled his opposition to gun rights by such things as hiring "Beto" as his gun control czar. But it's nice to have him on the record as opposing the Bill of Rights.
Assuming the Senate actually goes into recess, this seems like a good idea. We really do not want a Supreme Court tied 4-4 during election season. It does open things up to some legal risks; recess appointments have been challenged on various grounds and Congress has been less than willing to admit it is in recess in recent years, precisely to block such appointments. It would also risk reducing the urgency of a permanent confirmation vote.
But the payoff of a full court that can resolve election issues decisively may spare us from a terrible drawn-out election season of rioting and endlessly "discovered" ballots.
If the Senate does not promptly confirm Trump's nominee permanently, Trump should make the recess appointment so the court can function in the meantime.
However, with only a few weeks to go before the election, the left will see the chance of losing control of the Supreme Court for real. (Despite the supposedly conservative majority, enough Justices go wobbly that the left has had significant influence on cases that matter to them). They will go absolutely crazy to prevent Trump from successfully nominating and confirming a replacement. And if they manage to block a confirmation before the election, the election itself will have massively increased levels of violence, fraud, riots, and everything else. The left will see this election as being for all the marbles. The right, among which I count myself, will see a chance to make lasting gains on goals long denied.
This election was already tense, with figures on the left openly threatening succession and civil war if they lose. This will only increase the tensions. Civil war is now a real possibility.
Retired Justice Stevens suggests Supreme Court may advance gun rights
First the factual aspect. Assuming it's accurate, it confirms something the gun rights community has long suspected. (I don't particularly doubt the accuracy of the claim, although Stevens may be overstating his own role as as persuasive force...)
Now the facts.
We don't know where the current court sits on gun rights. Roberts has demonstrated squishy behavior before. Kennedy was replaced with Kavanaugh, presumably a solid 2nd Amendment vote, but Trump's first pick Gorsuch replaced Scalia (solid pro-gun vote) with a presumably solid pro-gun vote. Neither Kavanaugh nor Gorsuch have really been tested yet and Roberts is untrustworthy. We're probably better off with Kennedy replaced. But we need to win one more to feel secure, and even then, we can't count on the new Justices until we see how they vote.
Since Stevens is clearly trying to stoke panic here, let me rebut.
Gun free zone laws around schools have stopped precisely zero school shootings. As with other places declared gun free, criminals view them as soft targets. The only people deterred from carrying in such zones are the honest, law-abiding people who you would want to have a gun in case of such an attack.
"Laws intended to keep firearms out of the hands of especially dangerous individuals" has a couple possible meanings. Do they mean felons? Most felons will be able to get a gun as easily as they can get drugs, ie, illegally. Challenges to the core of felon-in-possession laws seem unlikely in the near future, though we will likely see nibbles around the edges for people acting in self-defense, whose crimes were not violent in nature, and who have been rehabilitated into society. Do they mean people like the Parkland shooter, who should have been on the naughty list but was not due to law enforcement failures? Law enforcement will have failures no matter what laws you pass. Do they mean people like the man who died at the hands of police in Maryland recently? How many innocent people need to die because one of their in-laws didn't like them owning a gun?
Aside from the bit of dicta about machine guns, which is probably an unfortunate necessity at this point, that's a fairly solid position. We still don't know who was the weak point on the court preventing 2nd Amendment cases from being heard and decided properly, but if it was Kennedy, his replacement will be a positive change. We can't be certain of forward progress until at least one of the remaining left-wing judges is replaced.
Power Line has the details, along with inappropriate snark about him being the Chief Justice. He's not. Roberts is. The retirement is effective July 31st, meaning we have a month or so to argue about who replaces him. Some on the left are already screaming about Gorsuch, but holding an open seat on the Supreme Court for more than two years and then hoping to win the election may be a bridge too far. I expect the Democrats will try to hold past the midterms in the hopes of getting the Senate majority, which would allow them to completely block a replacement justice and force Trump to bargain with his nominee.
Whether McConnell will allow them to do that is another matter.
The Democrats are already going nuts, with mob violence and stalking of administration officials, pervasive threats from deranged individuals, and even occasional acts of politically motivated violence. This will only raise the stakes. They are going to go batshit crazy.