In her dissent, Ruth Bader Ginsburg argued that her conservative colleagues were sowing confusion and causing “massive disenfranchisement”
, America’s Supreme Court helped to pick George W. Bush as the 43rd president, by shutting down a recount in Florida that might have thrown the election to his opponent, Al Gore. On April 6th the justices intervened in another electoral squabble. This time, the question involved an idea to extend absentee voting in Wisconsin during the covid-19 pandemic—a fix that had been ordered by a federal judge and upheld by the Seventh Circuit Court of Appeals.
The justices’ decision capped a chaotic day for the state, legally and politically. First, Wisconsin’s Democratic governor, Tony Evers, issued a proclamation postponing the election until June 9th in light of the public-health emergency. Next, Republicans challenged that move at the Wisconsin Supreme Court, where a vote along party lines nullified Mr Evers’s move.
Writing in dissent for the four liberal justices, Ruth Bader Ginsburg argued that it was her conservative colleagues who were sowing confusion—and causing “massive disenfranchisement”. Justice Ginsburg noted that as many as 12,000 voters had yet to receive their ballots in the mail. Those getting the ballots on April 7th would have to postmark them later that day, requiring a virus-defying trip to the post office.
Lower turnout tends to be a boon to Republicans. Reduced participation on April 7th would bode well for their chances of further limiting the franchise in a vital swing state come November. On voting day it was unclear whether their plan to suppress the vote was working. There were long lines at understaffed polling sites. But the number of sites had been greatly reduced—to five in Milwaukee, from 180—because of the pandemic. Some voters certainly stayed home rather than risk their health.
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