Tuesday, November 03, 2020

So This Is What Happened AFTER I Wrote The Previous Post

Start there; that tweet was posted before the trial judge had ruled. Then it was appealed to the Fifth Circuit (quelle surprise!) But that's not what happened. It isn't clear that they did (again: quelle surprise). I don't see the court enjoining the drive-through balloting, either. But then it all gets interesting: Then, finally: And it gets interesting again: So the ballots cast are safe, no matter what. Unless the panel just REALLY wants the Supremes to reach down and summarily slap their wrists. I could tell you stories.... A little shout-out to Harris County never hurt.  I'll put my prediction out there, and leave it (I'm gonna keep this post open awhile to see if anything happens before midnight).  The 5th Circuit, despite being to the right of Clarence Thomas and Atilla the Hun, will bounce this as the garbage fire it is.  It will go to the Supremes who will reject it without comment, the judicial equivalent of "Are you fuckin' kidding me?"  I don't know how this gets to federal court in the first place (the Texas Supreme Court has ruled on it twice) except on the weird Art. II argument from dead Rehnquist, but so far only three justices seem to think that's worth pursuing (recent Pennsylvania case) and even adding ACB only raises that number to 4.  And four is not enough.

The primary argument of Harris County is Purcell, a Supreme Court opinion that says federal courts shouldn't fuck with election rules on the eve of an election.  It seems they're still making an equal protection claim (another bite at Federal jurisdiction) by arguing only Harris County has drive in voting, and that's unfair to other voters in Texas.  Which is like saying Harris County has 100 voting locations (it's a made up number for argument's sake) so Loving County (population 184) has to have 100 voting locations too, or Harris County can't have any more than Loving does (which probably has one).  You see why this is a garbage fire.

Turns out Harris County doesn't trust the 5th Circuit, which is probably wise:
 
They don't want to have to segregate ballots from 10 polling locations. Also because the Toyota Center is a "building." The trial judge fixated on a "building" being the place of voting on Election Day. Harris County is pulling that argument away, rather than trying to brief it (something they don't have time for). Personally I suspect that argument is about as sound as "Art II makes legislative action sacrosanct in federal election cases," but I understand not wanting to die on that hill tonight, of all nights.

That's it for me.  I'm doing this late on Monday night, and I have other chores before bed.  I can't see anything substantive happening now.Here is the County Clerk explaining what he did, and why.  Basically, as I said, they want to keep the 127,000 ballots "alive," and they don't want to be worrying about "valid" ballots cast in a tent, tomorrow. The P.S.: (That sounds almost familiar.) And curiously, Harris County split the baby: That's a curious action, IMHO. I almost take it as a middle finger to the GOP activists who forced this suit.
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