Stephen Breyer on Principles & Values Supreme Court Justice (nominated by Pres. Clinton 1994)

Timing of decisions not something they teach in law books

Cannot rely on original constitution alone

Bush v. Gore: recount all votes in Florida

OnTheIssues summary:
• Holding (Rehnquist, Kennedy, O'Connor, Scalia, Thomas): "Any manual recount of votes seeking to meet the deadline would be unconstitutional under the 14th Amendment." [Recount cannot be done fairly by the deadline].
• Concurrence (Rehnquist, Scalia, Thomas): "The state legislature has provided mechanisms for contesting election results." [no federal intervention needed].
• Dissent (Stevens, Ginsburg, Breyer, Souter): "Counting every legally cast vote cannot constitute irreparable harm. Preventing the recount from being completed will inevitably cast a cloud on the legitimacy of the election." [Count every vote].

Profiled in "Jews in American Politics".

When one reads accounts of Jews in American politics, the common theme is that Jews have achieved prominence in art, literature, academia, certain businesses, and entertainment, but not in politics or government. The Jewish politician was the exception, not the rule.

In the last third of the 20th century, however, that pattern changed. By 2000, Jews had become as prominent in the political realm as they have been in other aspects of American life. And Jewish participation is accepted for the contributions these activists make, not because of their Jewishness. Nothing could symbolize this trend more cogently than the nomination of Joseph Lieberman for vice president in 2000 and the national reaction to his candidacy. [Lieberman says]:

Although politics was not exactly a Jewish profession, individual Jews did throw themsleves into the democratic process. Some were traditional politicians; others machine politicians. Many more, such as Emma Goldman and the radicals of the early 20th century, were inspired by the ideal that they had a duty to repair the world—Tikkun Olam.

Many reasons account for the broader representation of Jews in American civic life today. The forces of antisemitism have been relegated to the extreme margins of society, the principle of meritocracy has increasingly opened the doors of opportunity. Moreover, the idealism and purpose that were spawned by the movements for civil rights, opposition to the war in Vietnam, environmentalism, and other causes drew many Jewish Americans into the political arena. Jews are admonished tp help perfect the world by the ancient wisdom of Rabbi Tarfon, who tells us, “You are not required to complete the task, yet you are not free to withdaw from it.”

States cannot sue each other over eased voting rules.

Summary of lawsuit, Dec. 7:: The 2020 election suffered from significant and unconstitutional irregularities including:

• Michigan's Secretary of State, without legislative approval, unilaterally abrogated [under the pandemic emergency] several statutes requiring signature verification for absentee ballot applications. [Similar in GA, PA, & WI].
• Pennsylvania's election law requires that poll-watchers be granted access to the opening, counting, and recording of absentee ballots: Local election officials [in 2 counties] decided not to follow this law.
• Georgia state law prohibits the opening of absentee ballots until after the polls open on Election Day: In April 2020, without legislative approval, [a new rule] authorized processing absentee ballots three weeks before Election Day.
• The Wisconsin Elections Commission positioned hundreds of drop boxes to collect absentee ballots--including the use of unmanned drop boxes, in contravention of Wisconsin law.

Supreme Court Order, Dec. 11: The State of Texas's motion is denied for lack of standing under Article III of the Constitution. Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections. All other pending motions are dismissed as moot.

Texas Tribune analysis, Dec. 11:: Trump--and Republicans across the country--had pinned their hopes on the Texas suit. In a series of tweets, Trump called it "the big one" and later added, "it is very strong, ALL CRITERIA MET." If the court had heard the case, Sen. Ted Cruz said he would have argued it, at the request of Trump.

Justices Samuel Alito and Clarence Thomas indicated they would have allowed Texas to bring the case but said they would "not grant other relief." In a series of tweets after the ruling, Trump raged against the decision, which he called "a disgraceful miscarriage of justice."