The Supreme Court has agreed to review a case challenging the counting of thousands of ballots that were cast before Election Day in several states. The Republican National Committee (RNC) is seeking to have these ballots disqualified, arguing that an 1872 law requires them to be thrown out.
According to the GOP's claim, this law states that federal elections should take place on the "Tuesday next after the 1st Monday in November" and that this restriction applies to late-arriving ballots. However, no one has pointed out this rule for over 150 years, raising questions about its relevance.
The issue is particularly contentious given President Donald Trump's attempts to restrict mail voting, which disproportionately affects Democrats who are more likely to use this method of voting. The Republican Party is seeking to limit these votes and increase the likelihood of Republican candidates winning in close elections.
However, a federal appeals court ruling in Oldham v. Republican National Committee found no basis for the RNC's claims about the 1872 law. In its opinion, Justice John Lee Oldham ruled that "receipt of the last ballot constitutes consummation of the election and must occur on Election Day," but failed to provide any solid legal support for this assertion.
Given the weak arguments presented by the RNC in court, it's unlikely that a majority of Supreme Court justices would agree with their interpretation. If anything, the Court may opt to uphold the lower court ruling or even dismiss the case altogether, thereby avoiding further entanglement in a contentious election dispute.
According to the GOP's claim, this law states that federal elections should take place on the "Tuesday next after the 1st Monday in November" and that this restriction applies to late-arriving ballots. However, no one has pointed out this rule for over 150 years, raising questions about its relevance.
The issue is particularly contentious given President Donald Trump's attempts to restrict mail voting, which disproportionately affects Democrats who are more likely to use this method of voting. The Republican Party is seeking to limit these votes and increase the likelihood of Republican candidates winning in close elections.
However, a federal appeals court ruling in Oldham v. Republican National Committee found no basis for the RNC's claims about the 1872 law. In its opinion, Justice John Lee Oldham ruled that "receipt of the last ballot constitutes consummation of the election and must occur on Election Day," but failed to provide any solid legal support for this assertion.
Given the weak arguments presented by the RNC in court, it's unlikely that a majority of Supreme Court justices would agree with their interpretation. If anything, the Court may opt to uphold the lower court ruling or even dismiss the case altogether, thereby avoiding further entanglement in a contentious election dispute.