Marc Elias on Supreme Court Case Potentially Disenfranchising Mail-In Voters

Supreme Court Case on Mail-In Ballots

• 🚨 A critical Supreme Court case could allow for the disenfranchisement of voters whose mail-in ballots arrive after Election Day, even if postmarked on time.
• 🎯 The Republican party's long-standing mission to throw away mail-in ballots is a key driver behind this legal strategy.
• 🏛️ The Republican National Committee filed a lawsuit in Mississippi in 2023, aiming to have these ballots disqualified, hoping it would go unnoticed.
• 🔍 Marc Elias's legal team intervened to defend the Mississippi law, catching the RNC's scheme.

Legal Strategy and Precedent

• 📈 The case has progressed through the courts, with the state of Mississippi indicating its intent to bring it before the US Supreme Court.
• ⚖️ Republican efforts have largely failed in other jurisdictions, with this Mississippi case and the conservative Fifth Circuit being a vehicle to reach the Supreme Court.
• 🤝 The strategy involves suing in a reliably red state to ensure the issue reaches the highest court, regardless of who wins at lower levels.

Donald Trump's Executive Order

• ⚡ Donald Trump signed an executive order attempting to ban these ballots nationwide, citing this Mississippi case as justification.
• 🚫 Elias's firm is also suing over this executive order, arguing that Trump lacks the constitutional authority to dictate state election laws.
• 🔗 The legitimacy of Trump's executive order is directly tied to the outcome of the Mississippi case before the Supreme Court.

Broader Implications for Voting Rights

• 🗳️ If successful, this legal argument could lead to the elimination of early voting and mail-in voting, as these are not conducted on Election Day itself.
• 🚩 This is viewed as a Trojan horse by the Republican party to undermine all voting methods except in-person voting on Election Day.
• ⚠️ Trump's ultimate goal, according to Elias, is to restrict voting rights, making it harder to vote and easier for Republicans to win through election subversion.

Legal Rationale and Future Outlook

• 📜 The legal theory hinges on a narrow interpretation of federal law stating Election Day is the Tuesday following the first Monday in November, arguing that no ballots can be counted after this single day.
• 🚫 This interpretation could invalidate ballots received after Election Day, stop vote counting after midnight, and eliminate early voting.
• 🎤 Elias's firm, with a 4-0 record before the Supreme Court, is prepared to argue vigorously against this case if it is heard.
• 🗓️ The case is expected to be heard in October, November, or December of this year, with implications for the 2026 midterm elections.