 So believe it or not we are just one week away from the big election and even though Joe Biden is in a really good spot If you've followed the polls, I'm still really hesitant to say that this election is going to produce Either result. I mean Joe Biden is likely to win. I expect him to win I would predict that he would win assuming our democracy functioned normally But I just don't have that much confidence in our system and in our institutions So Donald Trump can still pull off a victory. Maybe he wins outright fairly But there's a lot of situations where Donald Trump can win Illegitimately but still win nonetheless, which is all that him and Republicans care about so first and foremost voter suppression is a really big issue It's a really big issue So Joe Biden has to overwin in order to make sure that he does win He's currently basically statistically tied with Donald Trump in states like Georgia But we already know what's gonna happen in Georgia as we saw in the 2018 gubernatorial race That election was basically stolen from Stacey Abrams because Brian Kemp as secretary of state Basically rigged that election in his favor purged voters off the rolls new voters that she signed up disproportionately Black voters So we already have to anticipate that there's going to be some shenanigans a high level of rat fucking in each state And we have to try to brace ourselves because there's a lot can that can happen now I talked about Barton Gilman's article in the Atlantic Titled the election that could break America where he goes over the strategies that Trump's legal team is openly discussing To basically have Donald Trump hang on to power even if Joe Biden wins the election and we're not talking about Joe Biden just winning the popular vote We're talking about a situation where Joe Biden even if he wins the Electoral College as well as the popular vote Trump can still hang on to power now How would this work in actuality what Trump can do as he's been telling us and Signaling that he will do is maybe if it's really close in a state like Florida He can declare the results of that election Illegitimate he could say that there's widespread fraud and as a result of said fraud He can request that his loyalists in Florida Ron DeSantis, you know, they're a Republican-controlled state legislature Send their own Republican electors to the Electoral College. So even if Florida Goes to Biden. He can just say it's fraudulent and they could send their own electors to vote against the will of the voters in That state now they can't pull this off if it's a decisive victory, but if it's really close Trump can potentially get away with this and guess what Trump is already laying the groundwork for this type of rat Fucking he tweeted out big problems and discrepancies with mail-in ballots all over the USA must have final total on November 3rd now first and foremost he presented zero evidence for this claim There's absolutely no reason to believe that we're seeing widespread discrepancies with mail-in ballots that's coming from nowhere So as we anticipated he is making this claim with no evidence to back it up And on top of that he's making a very specific claim We must have the total on November 3rd meaning that any votes that come in after November 3rd are automatically invalid and if that is in the case then I Might say that they are rigged and we might have a legal battle on our hands Which could ultimately go up to the Supreme Court, which he now Has a huge advantage in Since Amy Coney Barrett was just confirmed Now last week there was a really huge voter rights case that made it to the Supreme Court With Pennsylvania this time in Wisconsin. There was another case that made it and The voters here did not get a victory But even more important than what we're seeing in Wisconsin are the broader implications on the overall 2020 election but first let's talk about what happened in Wisconsin So we have some background as CNN reports a divided Supreme Court said Monday that mail-in ballots in Wisconsin Could be counted only if they are received by election day Democrats in the state had asked the court to allow the counting of ballots that arrive up to six days after election day If they were postmarked by November 3rd The ruling was 5-3 coming just before the Senate voted to add Judge Amy Coney Barrett to the Supreme Court Now you may be wondering wait didn't they just allow an extension in Pennsylvania So what's the difference between Pennsylvania and Wisconsin and it may seem arbitrary, but this distinction right here is huge the implications of this distinction and who buys into this difference here between these two states and why they ruled the way that they did is Everything because it could determine the outcome of this election So CNN explains unlike the Pennsylvania order last week the Wisconsin order Monday concerned a ruling from a lower federal court Not a state court and Chief Justice John Roberts said that made a difference a federal district court in Wisconsin Had sided with the Democrats to allow mail-in ballots to be received up to six days after election day But an appeals court blocked that order and the Supreme Court upheld the block the federal district court Robert's row in a concurring opinion Intervened in the thick of election season to block a state law He said the case represented federal intrusion on state lawmaking Processes the Pennsylvania case on the other hand concerned a decision by the state's highest court Robert said that decision implicated the authority of state courts to apply their own Constitutions to election regulations different bodies of law in different precedents govern these two situations and require in these particular Circumstances that we allow the modification of election rules in Pennsylvania, but not Wisconsin Roberts wrote now It doesn't necessarily make sense at face value, but journalist Mark Joseph Stern breaks down Exactly why we have to read between the line seren specifically we have to look at a footnote and If we look at that footnote and we read what Kavanaugh is saying all of this comes down to Brett Kavanaugh and Gorsuch Using the logic that Ryan quest used in Bush v. Gore So he pointed this out holy shit Brett Kavanaugh just endorsed Ryan quest's concurrence in Bush v. Gore Which was too extreme for Kennedy or O'Connor? This is a red alert? I can't believe he put it in a footnote. This is terrifying now He posts this really long block of text But the most important part of this text is where Kavanaugh says this about the role of federal courts and elections The answer to that question as the unanimous court stated in Bush v. Palm Beach County Canvassing and as Chief Justice Ryan quest persuasively explained in Bush v. Gore is that the text of the Constitution Requires federal courts to ensure that state courts do not rewrite state election laws So this might seem benign. It might seem like it doesn't necessarily matter But this could benefit Trump in a really huge way Stern explains further The headline news here is that by a five-to-three vote Scoot has made it harder for Wisconsin residents to cast a ballot and make sure it's counted But arguably the bigger news is that Brett Kavanaugh Endorsed a theory so radical that the court refused to adopt it in Bush v. Gore. My god Now what he's referring to is the theory that federal courts must stop state courts from rewriting their state's election laws their state Legislatures to be exact which wasn't necessarily intended to be precedent during the Bush v. Gore Ruling because it was that controversial because of the implications of it. I mean, it's just it's too broad It basically means that federal courts can technically stop state courts from protecting voter rights from a rogue Legislature that is trying to actively carry out voter suppression in the event of a legal dispute a state court Wouldn't necessarily be able to override what a state legislature wants because they're saying they can't rewrite Election rules so going back to that Florida example if let's say it's close in Florida and Trump says I want the state Legislature and Rhonda Santis to send our own Republican electors that we can trust to the electoral college Even if Joe Biden got more votes Well, obviously what would happen Democrats would sue and that would land in the courts a state court Would likely side with Democrats in that instance and say you can't do this You're overriding the will of voters and then the federal courts and the supreme court could come in and say actually These state courts don't get to determine What the state legislature wants if the state legislature is saying That fraud was committed these state courts don't get to control the election They're literally using the logic that rye quest used in bush v. Gore And assuming that Amy Coney Barrett agrees with Gorsuch and Kavanaugh She would give trump the advantage in this situation in the likely event this type of scenario landed in the courts Now stern continues. This is very bad news for voting rights appallingly bad Brett Kavanaugh used a footnote to throw his support behind an extreme theory that would severely limit state court's ability to protect voting rights It's the revenge of bush v. Gore Actually, it's much worse. How radical is Kavanaugh's theory? John roberts felt compelled to reject it in a separate opinion Correctly noting that federal courts should keep their noses out of a state court's interpretation of its own state's election laws Roberts is now the moderate on voting rights And he shares roberts stating his concern for this federal intrusion on state lawmaking processes Now gorsuch also endorsed reinquests position in bush v. Gore and kavanaugh joined his opinion Both want to prevent governors state courts and state agencies from expanding voting rights and have federal courts decide How the legislature really wanted elections to run as fate would have it I wrote about this exact issue in an article that published minutes before scottis handed down this order I urge you to read it because this is the next fight. It's already here We're staring down the barrel of bush v. Gore too with barrett's vote The supreme court is poised to become a supreme board of elections with freewheeling power to stomp on state courts That tried to protect voting rights. What kavanaugh and gorsuch did tonight is a five alarm fire for democracy And what he's saying here is something that we should all take seriously because you have to understand how extreme this thinking is state courts who are enforcing their state's constitution if it has anything to do with elections by definition Would be illegitimate and invalid if you use Ryan quists logic from bush v. Gore, which kavanaugh and gorsuch do Now, uh, amy coney barrett Once did do work on bush v. Gore as did kavanaugh and I believe chief justice roberts as well but even he sees that this The implications are just so broad You have to allow state courts to protect voting rights otherwise Are we just gonna allow a state legislature to write arbitrary rules that disenfranchise thousands to millions of voters and You know these state courts can't do anything to protect them because a federal court will say no You have to let the state legislature decide, but the state court's role is to protect the constitution of their states So this is insane and there's really an endless amount of scenarios where this could benefit donald trump. So, um, let's say that It's really close in a state like florida as we've been using that analogy But we don't even have to go to the situation where trump tries to send his own You know electors to the electoral college. It could be something as simple as you know, um Voters want a recount because it's really close a state court can grant that And then a federal court and the supreme court can come in and say actually no You don't get to do that There are so many ways That trump is advantaged in the situation legally if They actually apply this logic here and understand The supreme court now doesn't have Any chance that they're gonna side with liberals because because even if uh, justice roberts Jump ship and sides with the liberals on the supreme court Conservatives now have a comfortable majority at a minimum. It's gonna be five four So i'm not saying that we're gonna see a bush fig or situation It could be a really quick election night where joe biden wins decisively and there's not much that donald trump can do to uh, you know, delegitimize the election results but If there's a chance he's gonna try to and again that tweet tells us he is already preparing To rat fuck this election big problems and discrepancies with mail-in ballots all over the usa Must have final total on november 3rd understand what he's trying to do. He's trying to do exactly what his legal team Told us he would do. He's already setting us up conditioning us to believe We have to expect there to be discrepancies So everyone has to be vigilant And cognizant of the possibilities here. I'm not saying this is definitely going to happen But if trump's legal team is already trying to find ways to rat fuck this election Then I think that we need to be prepared for them to try to do just that especially since donald trump Is citing uh these types of claims. Oh, there's already discrepancies This is not good. Um, not good at all