This is what a U.S. Supreme Court vacancy means for the election
Only 39 days left until #Election2020. Learn how to vote in Connecticut, what's all the fuss about mail-in ballots, and what happened in election news this week.
As the country mourns the loss of Supreme Court Justice Ruth Bader Ginsburg, a pioneering advocate for women’s rights, Senate Republicans have vowed to approve President Donald J. Trump’s nomination for the vacant high court seat. The shift in the Supreme Court could have major implications on key issues such as healthcare, abortion rights, immigration and the environment.
In this week’s “Crash Course,” we talked with two UConn experts about the process for a new Supreme Court justice to be confirmed and the political implications of doing that quickly. And we asked what could happen if the results of the presidential election are contested.
We also put together all the information you need to cast your vote in Connecticut, explain the fuss over mail-in ballots, and provide details about the first presidential debate. Look for our timely conversation starter suggestion, too.
When should the Supreme Court vacancy be filled?
Less than a week ago, Supreme Court Justice Ruth Bader Ginsburg passed away from cancer. Her death has ignited a debate over when her replacement on the high court should be appointed, as it is just 39 days from the 2020 election. It takes an average of 70 days to confirm a Supreme Court nomination, according to the Congressional Research Service.
Ashley Anglisano writes: When President Trump announces his pick to fill the U.S. Supreme Court seat held by the late Justice Ginsburg, UConn Political Science Professor David Yalof says we should expect the Republican-controlled Senate to move to confirm the nominee by the end of the year.
“[Republicans] don’t know who the next president will be and they don’t know if they’re going to control the Senate in 2021, so they want to move now,” said Yalof, an expert in constitutional law, judicial politics and executive branch politics.
Yalof said there needs to be a clear distinction between constitutional laws and political norms. There has been a norm established for nearly the last half century that legislators don’t vote or confirm a U.S. Supreme Court nominee during an election year.
“That is the position the Republicans took in 2016 when they would not allow [President Barack] Obama’s nomination,” Yalof said. “They are obviously taking a very different position now. You can say they are violating the norms, but you cannot say they are violating the law of the Constitution.”
Trump has indicated he will announce his high court nomination Saturday. As soon as the president makes his choice known, the Senate Judiciary Committee will take up the process of researching, performing background checks, meeting with the candidate and calling people in to testify, if needed, according to Yalof.
Republicans in the Senate know that filling this seat will move laws decided by the Supreme Court in a conservative direction. Justices on the high court serve for an average of 25 years, according to Yalof. After this confirmation, 6 out of the 9 appointees to the court will have come from Republican presidents.
“The Supreme Court is something [Trump] and Republicans in the Senate care a great deal about,” Yalof said. “Legacy in the court lasts much longer than presidents.”
Read more of our interview with Prof. Yalof »
What happens if SCOTUS needs to decide the election?
Allison O’Donnell writes: The vacancy on the high court has also raised questions about the legal processes in place if the 2020 election is contested. The U.S. Supreme Court could be asked to decide the result of the presidential election. Trump has argued that possibility makes it even more important to have nine justices on the Supreme Court.
We spoke with UConn Law and Public Policy Professor Douglas M. Spencer, an expert in constitutional law, the Supreme Court and election law. We asked him to explain what legal steps are involved in Supreme Court nominations and what happens if the election gets taken to court. Here’s an excerpt from our conversation:
Spencer: “Let's imagine that the presidential election result is still unknown. There's some question and debate in the Supreme Court and on January 20, 2021 at noon, President Trump's term ends. He has to be escorted out of the White House.”
Q: Would Trump still act as president while that's being decided?
Spencer: “The 12th Amendment says what do we do if we're not sure who has the most electoral college votes. It says the Congress [U.S. House of Representatives] gets to decide and each state gets one vote.
“If that process breaks down — either ends in a tie 25-to-25 or states refuse to vote — then the 20th Amendment says, if for any reason the president is unable to serve, or there is no president, either because the president died or resigned or was impeached, or there's been no resolution to the Electoral College, then Congress gets to decide what would happen.
“Congress passed a law that says if the president is unable to serve, the vice president would serve. But presumably if the election results were up in the air, there'd be no vice president either. The next person in line is the Speaker of the House of Representatives. Right now, that's Nancy Pelosi.”
It's an interesting process, but it's so complicated.
Spencer: “Totally. The only good news, from my perspective, is that there actually is a plan in place. There's no situation in which there's a vacuum of power and we don't know who is leading us.”
Read our full Q&A with Prof. Spencer »
Infographic: Who is on the high court?
Fiona Brady writes: Nine justices make up the U.S. Supreme Court. Appointments are made by the President of the United States. Each justice has lifetime tenure, meaning they may serve until they die or until they retire, resign or are removed from office.
The death of Justice Ruth Bader Ginsburg on September 18, 2020 has left one vacant seat on the court. The court is set to make big decisions on abortion rights and the Affordable Care Act in the coming months.
Learn how each justice stands on key issues [Washington Post]
Photos by Associated Press. Source: Axios
Voting for the first time? Not sure how to vote while at UConn? Here's what you need to know.
Mike Mavredakis writes: Whether you vote or not is entirely up to you. Citizens have as much of a right not to vote as they do to vote. Looking at the numbers, though, young voters have the highest potential to change elections simply due to the fact that they turnout the least of all age groups.
“We are the biggest voting bloc, so we have the most potential to really have a voice and make a change,” said Cheyenne Tavares, co-coordinator of UConnPIRG’s New Voters Project.
In 2016, just 46.1% of eligible voters between the ages of 18-29 voted, according to Census data. Two years later, only 36% of young people voted in the 2018 midterm elections.
When and where do I go to vote?
The election for U.S. President and Congressional and state offices will happen on Tuesday, Nov. 3. Citizens can vote any time from 6 a.m. to 8 p.m. on Election Day. All Connecticut voters in line at 8 p.m. will be permitted to vote, even if they have not yet reached the ballot box, according to the Connecticut Secretary of State website.
For UConn students, our local polling station is Mansfield Town Hall at 4 South Eagleville Road in Storrs. Prospective voters can either cast a ballot in person at this polling location or submit an absentee ballot. For more information about voting in Mansfield, go here.
What do I need to bring?
Voters in Connecticut have to bring a form of identification, especially if they are doing same-day, in-person registration. That identification does not have to be a photo I.D., though, it can be your name and a signature, your name and address or your name and photo.
Continue reading our guide to voting in Connecticut »
What's with all the fuss about mail-in ballots?
Ben Crnic writes: There’s been a lot of focus on mail-in ballots this election season, also known as absentee ballots. Many voters are expected to cast their votes through the mail rather than in person at a polling place because of the COVID-19 pandemic.
Since many states have been loosening eligibility requirements to allow concerns about COVID-19 as a valid reason for voting by mail, more than 80% of voters in America will be eligible to cast a ballot in the mail this election, an unprecedented amount. In Connecticut, election officials automatically sent every registered voter an application to apply for an absentee ballot.
Of course, there are some potential issues with mail-in ballots. Ballots can be rejected for either arriving too late or because of voter error (which is what happened during the primaries) and it may take up to a week after Election Day to finish counting the ballots as they arrive.
President Trump has been claiming that mail-in ballots will cause massive amounts of voter fraud, but officials say mail-in voting is secure and reliable.
The Supreme Court is also dealing with lawsuits about mail-in ballots. Recently, SCOTUS made several rulings for states like Alabama and Texas against expanding access to mail-in voting and making it an easier process. This means that some people in these states could lose their votes, as this makes it harder to successfully mail-in a ballot.
There are other groups of people who are prevented from voting. In Florida, felons are unable to vote unless they pay government fines that can be up to $1,000. In Connecticut, the more than 3,000 people who are on parole are not allowed to vote.
Voter suppression is an ongoing concern, which could have a significant effect come November. More »
Trump and Biden face off in their first debate Tuesday
Fiona Brady writes: The first of three televised presidential debates between President Donald Trump and former Vice President Joe Biden will be held on Tuesday, Sept. 29.
Time: 9 p.m. to 10:30 pm ET
Location: Case Western Reserve University in Cleveland
How to watch: Available on all major networks and cable news channels or stream live on YouTube
Moderator: Chris Wallace, anchor of Fox News Sunday
Format: Six 15-minute segments, covering the following topics: Trump and Biden’s records, the Supreme Court, the coronavirus pandemic, “race and violence in our cities”, election integrity, and the economy. [Politico]
Look for a breakdown of the debate in the next edition of our newsletter, as well as coverage of the upcoming presidential debates on Oct. 15 and Oct. 22, and the vice presidential debate on Oct. 7.
In case you missed it
Here are some notable #Election2020 headlines from the past week:
-Trump plans to nominate a Supreme Court Justice soon. He is considering a short list of candidates and may choose a woman. [NPR]
-Protesters took to the streets in Louisville after a grand jury ruled only one of three officers involved in the death of Breonna Taylor would be criminally charged. [ABC]
-‘Unfathomable’: COVID-19 deaths in the U.S. have surpassed the 200,000 mark [Associated Press]
-A record number of voters will be able to cast mail ballots in the general election. So far, Democrats are requesting more absentee ballots than Republicans. [New York Times]
-A federal judge extended Wisconsin absentee ballot voting six days after the Nov. 3 presidential election if postmarked by Election Day, meaning the outcome in this swing state may not be known for days after the election occurs. [Reuters]
-Experts are increasingly concerned about elements of the 2020 election, including new voting procedures, heightened political polarization, and the spread of misinformation on social media. [Poynter]
-White House press secretary Kayleigh McEnany told reporters Trump would accept the outcome of the free and fair election, but Thursday night Trump again said he may not abide by election results. [Washington Post]
Conversation Starter: What's your stance on voting rights for felons?
Ben Crnic writes: This week we learned former New York City mayor and billionaire Michael Bloomberg helped raise more than $16 million to help convicted felons in Florida to vote.
In Florida, felons can only vote if they pay government fees and court debts that can total more than $1,000, according to a law passed in 2018. Bloomberg’s fundraising would allow 32,000 felons regain their ability to vote.
This raises some questions, though:
Is it ethical (or legal) for a former presidential candidate to spend $16 million for this purpose? Not long ago, Bloomberg was in the race for president. Will these voters be swayed to vote Democrat?
Is it fair to keep convicted felons from voting in an election if they can’t pay a certain amount of money? After all, people who were incarcerated might have difficulty paying these fees.
Here in Connecticut, felons who owe no fines and complete their prison sentences or are released on probation are allowed to vote. But convicted felons out on parole — roughly 2,000 to 3,000 people — can’t vote. Is this fair?
What do you think? Talk about it with your friends and family 🗣💬
That’s all for this week! Keep an eye out for next week’s “Crash Course” newsletter on COVID-19 and healthcare. We’ll be looking at what’s at stake if the Supreme Court strikes down the Affordable Care Act.
Crash Course is produced by UConn Journalism majors Ashley Anglisano, Fiona Brady, Ben Crnic, Mike Mavredakis, Allison O’Donnell and UConn Journalism Associate Professor Marie K. Shanahan. Read more about us.
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