By Duncan Smith
The Supreme Court failed the country and the Constitution last fall when too many justices refused to hear cases against states that changed their voting rules without a vote of their legislatures, as the Constitution mandates.
Had justices heard those cases, they would have had to rule that yes, secretaries of state, governors, and state courts changing voting rules because of COVID were blatantly illegal acts.
But they didn’t. And now Joe Biden thinks he’s president when really, Donald Trump should still be.
Perhaps the country would have exploded if the justices had done their jobs, perhaps not. But if unrest had occurred, isn’t it better to get it out of the way and get the Constitution right?
In any event, justices may now be ready to right their wrongs regarding a case originating in Arizona.
Justices appeared to accept the argument that the changes made to laws were illegal and that fixed by the GOP legislature to ensure voter integrity from here on out are legal.
Arizona Attorney General Mark Brnovich urged the Supreme Court on March 2 to affirm that his state's electoral integrity laws were consistent with the federal Voting Rights Act and should be upheld.
The case Arizona's top prosecutor argued is actually two consolidated cases: Brnovich v. Democratic National Committee (DNC) and Arizona Republican Party v. DNC.
Although the justices peppered counsel for Arizona and the state's Republican Party with at-times hostile-sounding questions, members of the Supreme Court seemed receptive to their arguments. Except for the more liberal members, the justices did not seem convinced that Arizona's election laws violated the Voting Rights Act.
The Supreme Court threw out a series of Republican-initiated legal challenges on Feb. 22 to voting processes and results in Arizona, Georgia, Michigan, Pennsylvania, and Wisconsin that were left over from the 2020 election cycle. And on March 1, the court dismissed an election challenge from Arizona, In Re Tyler Bowyer, and one from Wisconsin, In Re William Feehan, that were brought on Dec. 15, 2020, by pro-Trump attorney Sidney Powell. …
Arizona, like other states, has adopted rules to promote the order and integrity of its elections.
One is an 'out-of-precinct policy,' which excludes provisional ballots cast in person on Election Day outside of the voter's designated precinct. Another is a 'ballot-collection law,' known as H.B. 2023, that allows only specific persons such as family and household members, caregivers, mail carriers, and election officials to handle another person's completed early ballot. Most states require voters to vote in their own precincts, and around 20 states limit ballot collection by third parties.
A U.S. district court upheld Arizona's rules, which were challenged under the Voting Rights Act (VRA). A fortnight ago, the Biden administration sent a letter to the court in which it appeared to acknowledge the challenged Arizona laws were consistent with the VRA.
The Supreme Court must step up and affirm states’ voting rules and laws designed to bring integrity and trust back to elections.
Because if the court doesn’t do that and our next election or two is as ‘problematic’ as the 2020 election, our republic will collapse, it’s that simple.
When Americans no longer trust their elections, they will no longer trust the outcomes or the people who ‘won.’
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