I said this elsewhere, but I could easily see this case as one where the conservatives in the federal judiciary make a show of preserving voters’ ballots, so they can point to how deliberative and even handed they’ve been when they start throwing out votes in swing states that will actually determine the election. Statistically, it’s unlikely that these votes will determine who caries Texas out of the 15 million or more votes likely to be cast. And even if they do, Texas is unlikely to be a “tipping point” state – if Trump carries Texas then he is likely to have also carried FL, AZ, NC, PA, etc.
A federal judge in Texas on Monday appeared skeptical of an attempt by Republicans to throw out about 127,000 votes already cast in the U.S. presidential election at drive-through voting sites in Houston, a Democratic-leaning area.
On the eve of Election Day, U.S. District Judge Andrew Hanen said the Republicans who brought the case faced an “uphill road” in convincing him that the votes should be voided.
The judge said the plaintiffs needed to show that Harris County Clerk Chris Hollins, a Democrat, had an “evil motive” in allowing drive-through voting as an alternative during the coronavirus pandemic.
Hanen also questioned the last-minute timing of the case.
“Didn’t we test this in the primaries this summer?” The judge asked a lawyer for the plaintiffs, adding: “Why am I just getting this case?”
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I’d like more than “voices doubt” and “appeared skeptical.” “Faced an uphill road” sounds like he is open to being convinced. Not liking that.
“BREAKING: US judge says he WILL NOT invalidate almost 127,000 Harris County votes cast in drive-thru lanes. Plaintiffs lack standing. Generalized injury.”
Texas is, in other words, a trailing indicator. If Biden were to win Texas, then before that state was called, he will have almost certainly won PA, MI, WI - all pretty handily - and probably NC, and the election is called and Texas is just running up the score.
I know Texas is a longshot for Biden anyway, but it still feels reassuring to have a far-right judge rule in Dems’ favor. Maybe insanity won’t reign this week.
It’s not that surprising. The all-Republican state supreme court already shot the same plaintiffs down in unanimous flames in the state version of the same suit. It appears plaintiffs are little more than pests and do not seem to have actually had backing from anyone important.
It really was completely baseless, especially since the state laws specifically allow for “temporary structures as voting sites”, which would seem to include the tents.
Plus, if curbside voting was ruled unconstitutional…at my polling place if you were old or infirm they’d bring the ballot out your car. Does that mean all those votes are unconstitutional? Because on the day I voted, the cranky old folks voting curbside were about the only people I pegged as Trump voters. Can we throw their votes out?
It’s actually not that fluid. 2016 was actually much more fluid and erratic than this one. But Biden has never lost. In fact he’s never had less than a polling average lead just shy of 4% in national polls. A very stable polling lead for Joe. That said, there’s still a slim chance Trump could actually win the election, and possibly even without the help of the courts. But his chances are less likely than they were even in 2016, and he barely won then.
Not only did he rule against them, he seemed annoyed that it got to him at all. No judge wants to invalidate that many votes this close to the election.