A Stake Thru the Heart

2020 October 19
by drdog09

With due realization that vampires abound tis time of the season.

JUSTICE KAVANAUGH, concurring in grant of application for stay.

The District Court enjoined South Carolina’s witness requirement for absentee ballots because the court disagreed with the State’s decision to retain that requirement during the COVID–19 pandemic. For two alternative and independent reasons, I agree with this Court’s order staying in part the District Court’s injunction. First, the Constitution “principally entrusts the safety and the health of the people to the politically accountable officials of the States.” South Bay United Pentecostal Church v. Newsom, 590 U. S. , (2020) (ROBERTS, C. J., concurring in denial of application for injunctive relief) (slip op., at 2) (internal quotation marks and alteration omitted). “When those officials ‘undertake[ ] to act in areas fraught with medical and scientific uncertainties,’ their latitude ‘must be especially broad.’” Ibid. (quoting Marshall v. United States, 414 U. S. 417, 427 (1974); alteration in original). It follows that a State legislature’s decision either to keep or to make changes to election rules to address COVID–19 ordinarily “should not be subject to second guessing by an ‘unelected federal judiciary,’ which lacks the background, competence, and expertise to assess public health and is not accountable to the people.” South Bay, 590 U. S., at ___ (slip op., at 2) (citing Garcia v. San Antonio Metropolitan Transit Authority, 469 U. S. 528, 545 (1985)). The District Court’s injunction contravened that principle.

Second, for many years, this Court has repeatedly emphasized that federal courts ordinarily should not alter state election rules in the period close to an election. See Purcell v. Gonzalez, 549 U. S. 1 (2006) (per curiam). By enjoining South Carolina’s witness requirement shortly before the election, the District Court defied that principle and this Court’s precedents. See ___ F. 3d , –___ (CA4 2020) (Wilkinson and Agee, JJ., dissenting from denial of stay).

For those two alternative and independent reasons, I agree with this Court’s order staying in part the District Court’s injunction.

Full order here .

The above is part of an emergency order issued in regards to SC mail-in voting. SCOTUS basically granted some 150k votes be counted but that subsequent ballots must have a signature. The entire ruling was issued without an opinion being rendered for basis. Kavanaugh issued a background for his decision which is detailed above.

So what does this mean vis a vis the election? Simply this. Since Kavanaugh provided a similance of direction, the lower courts will follow the ‘suggestion’. So:

  • If a court issued rules modifying election balloting mail-in or otherwise, that’s history.
  • If those very same balloting rules were issued by the legislature of the State then they are the guiding principle for that State. Essentially the courts demure to the Legislature on the matter.

The upshot is the following, except for Nevada any court that had mandated modification in regards to extending ballot counts beyond what was on the books is moot. Nevada is exempt because their balloting was done by the State legislature, aka bullet two above. States like WI, MI, SC are affected by this ruling.

Does not mean that mail-in is still not an issue. But it does close down the post Nov 3rd shenanigans that the Democrats were hoping for. Just that the Democrats will have to back up the Buicks to the back door before November 3rd.

A minor side note for the giggles. Every Democratic senator in a battleground State who had voted ‘Nay’ on Kavanaugh has lost their primary. The lone Democrat who survived? Manchin. He voted ‘Yay’.

44 Responses leave one →
  1. 2020 October 19 6:10 am
    drdog09 permalink

    Sure hope Trump wins. At that point I suspect Breyer will retire. He’s the oldest member of the Court. Not likely he will see a Democrat POTUS before he dies. Trump’s lasting legacy may in fact be restructuring the courts in his image.

  2. 2020 October 19 6:19 am
    justrand permalink

    The NYTimes, which has published a non-stop stream of “Anonymous” and “Un-verified” stories about Trump for over 4 years…and retracted almost all of them days or weeks later…claims the NYPost story is “unverified”. Of course, it IS verified, and NONE of the key facts are in dispute.


  3. 2020 October 19 6:23 am
    JimNorCal permalink

    “Every Democratic senator in a battleground State who had voted ‘Nay’ on Kavanaugh has lost their primary.”

    Wait, what does this mean?
    All battleground Dems who voted NO, or just ones on the Judicial Committee?
    “Lost their primary” means they were replaced in Dem primaries by someone more extreme or someone more moderate?

  4. 2020 October 19 6:34 am
    justrand permalink

    The author leaves out a big one: We’ll find out AFTER the election that EVERYTHING about the Biden family corruption is true…EVERYTHING.

    We’ll also learn that the control over information and discourse being exerted by Big Tech and the media is here to stay. Their BRAZEN suppression of the NY Post reporting of Hunter Biden’s laptop has emboldened…they will NOT release that power.


  5. 2020 October 19 6:54 am
    drdog09 permalink


    Just reporting the findings. What it all means is up to the reader. 🙂

  6. 2020 October 19 7:15 am
    drdog09 permalink

  7. 2020 October 19 7:16 am
    justrand permalink

    Tyranny for Dummies:

    Step 1 – Foment violence in the streets, and blame it on the police/system
    Step 2 – Elect/install prosecutors, mayors, police chiefs and governors who ALSO blame the police/system…and vow to “re-imagine” it
    Step 3 – Release criminals from jail early, and stop enforcing most crimes
    Step 4 – Stigmatize those who object to the rise in crime and/or refuse to obey the demands of the mob to “blame the police/system”
    Step 5 – Disarm law biding citizens…and blame them for rise in violence
    Step 6 – Wait for the public to clamor for ORDER and SAFETY…but let them know they will have to surrender certain Rights “temporarily” to achieve it
    Step 7 – Make “temporary” measures permanent…for the “Greater Good”

    Steps 1 – 5 have occurred and/ or are occurring. Step 6 is what is happening in the linked article.


  8. 2020 October 19 7:59 am
    drdog09 permalink


    Not that I think it is ‘right’, but it is to the point that the plain beat cop is under a microscope. To apprehend a felon with a long wrap sheet usually requires violence thanks to things like ‘3 strike’ rules. So the officer has to result to less than kindly efforts to subdue the prep. So he/she stands there and ponders, I could do what is right and possibly lose my job OR I can just stand here with my thumb up my ass. The thumb the clear winner.

    Society as a whole suffers as a result. WSF

  9. 2020 October 19 8:10 am
    drdog09 permalink

    A little blurb on StarLink — https://www.youtube.com/watch?v=jfB4-UDR0Ok

  10. 2020 October 19 9:04 am
    bc3b permalink

    Just coming up for air. In addition to the move I am working on a proposal with a perspective client that could double/triple my company’s revenues (which isn’t that much). So, the move is coming at a very bad time.

    Back to the subject: imagine the wall-to-wall media coverage if Donald, Jr. or Eric had left a laptop with all the incriminating things that Hunter’s has.

  11. 2020 October 19 9:07 am
    bc3b permalink

    JR #8 and drdog09 –

    You are correct. Imagine if any of us had a camera watching every detail in our work day. Imagine what it’s like to make split second decisions that involve life or death … yours or someone else’s.

    Being a cop has always been difficult, but never as difficult as today.

  12. 2020 October 19 9:40 am
    Eph permalink

  13. 2020 October 19 10:18 am
    Eph permalink


    Biden +1.3

    Three weeks ago (same polling) it was Hiden +2.8

  14. 2020 October 19 10:55 am

    The excuse for the destruction of liberty, is always the plea of necessity.

  15. 2020 October 19 12:31 pm
    JimNorCal permalink

  16. 2020 October 19 12:36 pm
    JimNorCal permalink

    Eph, should I worry?
    Seen on Twitter I think

    “Democrats dominating early voting here in Florida: 53 % to 47%. Over 2 million ballots mailed in.”

    (2million counted? Or just mailed, I wonder,
    Total population about 30 mill)

  17. 2020 October 19 12:47 pm
    Eph permalink

    18 Jim,

    Is that a joke???

  18. 2020 October 19 1:23 pm
    bc3b permalink

    BJG College Football Standings (Thru week 7)

    JBoz: 34-19 (season)/8-6 (week)
    Fight On: 33-20/9-5
    TLS: 31-22/9-5
    Bc3b: 31-22/8-6
    MI Conservative: 26-27/5-9
    Eph: 25-28/8-6
    JimNorCal: 24-29/9-5

    Another week of upsets, including some we didn’t list because the point spread was too great.

  19. 2020 October 19 1:27 pm
    gnqanq permalink

    When half the population votes for evil and has no thoughts or regrets about it.

    I am rooting for the asteroid. The bigger the better.

  20. 2020 October 19 1:49 pm
    Eph permalink

    Final PA voter Reg numbers…

    (change from last week)
    GOP: 3,505,337 (+31,001)
    DEM: 4,207,190 (+21,140)

    Since 11/2016
    GOP: +205,155
    DEM: -10,266


  21. 2020 October 19 3:38 pm
    Eph permalink

    Biden’s RCP Average in Pennsylvania has fallen from 7.3% a week ago to 3.8% today.

    Its over

  22. 2020 October 19 3:52 pm
    JimNorCal permalink

    Under my radar: a Repub CA legislator suing Gov Newsom over lock down
    Anyone heard of this?

  23. 2020 October 19 4:01 pm
    drdog09 permalink

    Hunter ain’t the only one with problems — https://www.zerohedge.com/political/cnn-new-yorker-suspend-jeffrey-toobin-showing-his-dick-zoom-call — Who in their right mind would do this?

    and DO check the twitter feed — https://twitter.com/hashtag/ZoomDick?src=hashtag_click

  24. 2020 October 19 4:19 pm
    JimNorCal permalink

    Eph, 19, I saw that FL number in the comments on another blog which is pro-Trump.
    Since it is on the Internet, I figure it must be true.
    There’s such a lot of interpretation on numbers … plenty of them say “Dems depending on early, mail voting whereas Trump will get votes for in-person on Nov 3rd”.

    So Dem leads (if small) are being explained as bad news for Biden.

    I’ve been to my Registrar of Voters to do election observation in my county a couple of times so far. I don’t think the county is releasing ANY numbers. Why would they? So all these stories of vote counts are a bit puzzling to me.

    btw, thanks TLS for connecting me to Election Integrity Project here in CA, it’s been super interesting

  25. 2020 October 19 4:22 pm
    Eph permalink

    Justice Roberts is just awful.

    (Lets get that out of the way before the nightly driveby)

  26. 2020 October 19 4:31 pm
    drdog09 permalink

    Based on early voting analysis…. True? Who knows!

  27. 2020 October 19 4:34 pm
    JimNorCal permalink

    28, Dread Justice Roberts is just awful. Plus One!
    29, cool image!

  28. 2020 October 19 4:36 pm
    Eph permalink

    29 DR,

    Minus NH, thats what I have

  29. 2020 October 19 4:46 pm
    bc3b permalink

    What Trump should say at the next debate:

    “Do Americans want a president who gets a 3 AM call and says, “Gee I’d like to do something, but Hunter has a deal in the works with the Communist Chinese and I don’t want to mess that up. I may be able to do something in 3-4 weeks.”

  30. 2020 October 19 5:01 pm
    drdog09 permalink

    What Trump should say at the next debate:

    “How’s it going Big Guy.”

  31. 2020 October 19 5:02 pm
    drdog09 permalink

    By the way Biden is down 10 in Texas as of yesterday.

  32. 2020 October 19 7:04 pm
    Eph permalink

    33 DR

    Apparently he wont be allowed to

  33. 2020 October 19 7:08 pm
    Eph permalink

    Trump is walking into a trap on Thursday night.

    I hope he is ready

  34. 2020 October 19 7:17 pm
    JimNorCal permalink

    37, he is. He’s been a target for decades. He’s on alert, always.

    34, “Biden is down 10 in Texas as of yesterday”
    One of the most interesting possible outcomes of the election is if PDJT wins a bunch of states with +10. And Hiden’ Biden takes the other group of states +10 in each state. In other words a clear split.

  35. 2020 October 19 7:27 pm
    JimNorCal permalink

    So OK, I’m easily amused.
    New game: replace the caption for all New Yorker cartoons with “Jeffrey Toobin took his d*ck out in a Zoom meeting”

  36. 2020 October 19 10:08 pm


    Another rule change mid game, now they want to cut his mic. It may not be the best politics but fuck that, time to bail, these are not rules the campaign agreed too.

    37 – Totally, and he shouldn’t walk into it at all imho. Fk the “commission” they’re a joke, always been a joke and it’s time they get put 6ft under.

    Jim see the above article it’s even more than the usual trap.

  37. 2020 October 19 10:12 pm

    Eph – What do you think of this idea…. Trump brings a megaphone with him onto the debate stage. Want to play stupid games….I can play games too. 🙂
    Joe: Moderator I didn’t agree to a megaphone!
    Trump: I didn’t agree to having my mic cut, so do you want to continue or not?

  38. 2020 October 19 10:25 pm

    24 – The usual final weeks narrowing as pollsters probably actually start polling instead of largely making it up as they go till October…cause nobody will hold them to account for anything prior to it…or frankly at this point even after.

    31 – ep.. you have him taking MN? Personally think MN,NV, and NH still are stretches, nh the least stretchy cause it was ~3.5k close last time, I currently don’t give him any of those.

  39. 2020 October 19 10:31 pm

    BTW all the comments about the hypocrisy from the NYCrimes et al… all spot on, especially give all the unverified and blatantly so BS they’ve put out in just the last 4 year, …. but what else is new.

  40. 2020 October 20 2:56 am
    drdog09 permalink


    Check out #26, especially the Twitter feed.

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