2/2: #ClassicRichardEpstein: Filibuster Watch. @RichardAEpstein @HooverInst #FriendsofHistoryDebatingSociety

https://www.hoover.org/research/voting-act-doesnt-deliver-people


To be sure, the US Supreme Court let stand on grounds of mootness a highly dubious Pennsylvania Supreme Court decision, handed down more than six weeks before the election, which allowed ballots filed after 8 p.m. on election day to be counted. I regard the Pennsylvania Supreme Court’s action as a clear case of judicial usurpation of the legislative control of elections, which the Supreme Court should have heard before the election, but, by a 4–4 vote, did not.