Attention to the Unseen

Reuters reports: The U.S. Supreme Court on Wednesday handed a setback to Republicans by declining to quickly decide whether to hear their latest bid to overturn a lower court’s ruling that extended Pennsylvania’s deadline to receive mail-in ballots in next Tuesday’s election. The justices declined to expedite their consideration of the request by the Republican Party of Pennsylvania to hear and decide before the election its appeal of a ruling by the state’s top court ordering officials to count mail-in…

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In an editorial, the New York Times says: What happened in the Senate chamber on Monday evening was, on its face, the playing out of a normal, well-established process of the American constitutional order: the confirmation of a president’s nominee to the Supreme Court. But Senate Republicans, who represent a minority of the American people, are straining the legitimacy of the court by installing a deeply conservative jurist, Amy Coney Barrett, to a lifetime seat just days before an election…

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Richard L. Hasen writes: If [Amy Coney] Barrett does not recuse herself from election disputes next month, there’s every reason to worry that a 5-4 court could interfere in the election to help Trump if a case that might swing the outcome gets before the court. So why not panic about all of this? Mainly because, as both Jonathan Lai and Greg Sargent explained on Tuesday, the chances of the election being decided by the Supreme Court are very slim….

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The Washington Post reports: Twenty former U.S. attorneys — all of them Republicans — on Tuesday publicly called President Trump “a threat to the rule of law in our country,” and urged that he be replaced in November with his Democratic opponent, former vice president Joe Biden. “The President has clearly conveyed that he expects his Justice Department appointees and prosecutors to serve his personal and political interests,” said the former prosecutors in an open letter. They accused Trump of…

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The Daily Beast reports: The FBI has failed to produce a legally required report detailing the scope of white supremacist and other domestic terrorism, despite mounting concerns that the upcoming election could spark far-right violence. According to a key House committee chairman, that leaves the country in the dark about what the FBI concedes is America’s most urgent terrorist threat, as well as the resources the U.S. government is devoting to fight it. In June, the bureau was supposed to…

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Jamie Crooks and Samir Deger-Sen write: The current court is, despite occasional hand-wringing on the right over a decision or two, the most conservative this nation has had in nearly a century. Yet each time it has delivered significant conservative victories — such as Citizens United, which struck down key campaign finance limits, written by our former boss in 2010 — liberals accepted the outcome as the law of the land. But it is wrong to think that such acquiescence…

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