But Mark Joseph Stern Said The Sky Was Falling!

BREAKING: Judge Hanen said the Republicans who brought the case faced an "uphill road" in convincing him that the votes should be voided. The judge said the plaintiffs needed to show that Harris County Clerk Chris Hollins had an "evil motive" in allowing drive-through voting

— Jan Wolfe (@JanNWolfe) November 2, 2020

And I've got the receipts:

Judge Hanen has already scheduled an emergency hearing for Monday morning—without even giving Harris County a chance to file a response brief. This, too, is extremely concerning. It looks like he may be rushing to throw out 100,000 disproportionately Democratic votes.

— Mark Joseph Stern (@mjs_DC) October 31, 2020

I was just on the phone to my daughter talking about the days when "every vote counted:"

Longtime GOP lawyer Ben Ginsberg and former Texas House Speaker filed an amicus opposing a GOP suit to toss 127K drive-thru ballots in Texas, arguing it violates federal law.

Concludes by noting this is same argument Ginsberg and Amy Coney Barrett used in 2000 recount pic.twitter.com/ANDRe6Vsy0

— Jane C. Timm (@janestreet) November 2, 2020

Anyone who is surprised that even a very conservative judge like Judge Hanen is balking at disenfranchising 100K+ voters at the last minute should not be surprised. The case is absolute garbage, as I explained on Saturday at #ELB: https://t.co/NE1JdapXsd

— Rick Hasen (@rickhasen) November 2, 2020

From what I can tell the hearing is underway as I type. But it doesn't seem to be going well for the plaintiffs. This may not be appreciated as a key point:

“Voters didn’t do anything wrong. They only relied on instructions of county officials.”

— Ted Oberg (@TedABC13) November 2, 2020

There's a century of Texas law and rulings behind that statement. Voters who rely on instructions of county officials have voted, even if county officials are held to have violated state law in their advice. That's the fundamental principle of American democracy: every vote counts. The GOP is trying hard to upend that principle. Like this:

#ELB: Nevada: “Judge rejects Trump campaign effort to slow down, amend Clark County mail ballot counting and processing system” https://t.co/94vguPxhb8

— Rick Hasen (@rickhasen) November 2, 2020

And people are NOT HAVING IT!

Hello from the Bucks County Courthouse! These PA voters have been in line here on a frigid morning to correct issues w/ their absentee ballots. They had been notified to come in and fix. Voters tell us they’re willing to wait as long as it takes to make sure their vote counts. pic.twitter.com/64NBk1LlZU

— Caitlin Huey-Burns (@CHueyBurns) November 2, 2020

Nor are the judges:

New: Nevada Judge denies Republican and Trump Campaign requests to change ballot processing and observing, to stop using the signature matching machine. The court found that if the machine was not used, the county would not be able to meet the canvas deadline.

— Jim Sciutto (@jimsciutto) November 2, 2020

This kind of thing makes me quietly proud to be an American. And all those scary "poll watchers"?

"But the poll-watching army that the Trumps have tried to rally hasn’t materialized." h/t @JessicaHuseman https://t.co/bheSsNzfP9

— Carrie Levine (@levinecarrie) November 2, 2020

Never thought I'd have to see a Presidential candidate announce this, either:

Per the Biden campaign, and amen: pic.twitter.com/SyH81LdFJq

— Elizabeth C. McLaughlin 🩸🦷 (@ECMcLaughlin) November 2, 2020

Though I gotta say, even this possibility seems out of line to me:

While Hanen appears unlikely to throw out votes, he is dropping hints that he could shut down drive-through voting on Election Day https://t.co/N7gwPXCTfe

— Jan Wolfe (@JanNWolfe) November 2, 2020

Again, based on laches (equitable relief; Hasen's blog referenced above explains better.) Seems to me laches undoes all the relief plaintiff's are asking for, and an emergency order from the 5th Circuit should ensue on that point alone. But I'm not holding my breath. More important the votes are counted, and that could be tied up before the 5th Circuit anyway, before the ink is dry on whatever order Hanen enters. Meanwhile, a reminder of the weasel dropping turds into the punchbowl of American democracy:

“You have the power to vote, so go out and vote unless you’re going to vote for somebody other than me, in which case, sit it out,” Mr. Trump said...of politicians who tell voters to cast ballots regardless of who they’re supporting: “They’re such liars” https://t.co/h8feHmBUYO

— Maggie Haberman (@maggieNYT) November 2, 2020

The only votes that count are for the weasel; all others are invalid. Somehow I don't think that's why people are standing in line in Bucks County, PA.