February 22, 2021

GUTLESS WONDERS: Clarence Thomas Blasts the Supreme Court for Ducking the Pennsylvania Election Challenge. “Few things are worse for public confidence in elections than having the rules changed in the middle of the game (or after it). An epidemic of late-in-the-day changes to the rules was particularly corrosive in 2020. Courts are ill-equipped to referee those changes when partisan tempers are running hot. The Supreme Court just threw away its last opportunity to remedy that problem before the next election cycle. . . . This issue will not go away, and it may return next time surrounded by the same sorts of popular rage that led to the Capitol riot. This was the time for cooler heads to say what the law is.”

There will be a lot more rage next time, I expect.

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