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00:00The U.S. Supreme Court just ruled that mail-in ballots received after election day can be counted
00:05in the election. This is absolutely insane. It makes no sense whatsoever. Roberts and Barrett
00:12are the two losers who sided with liberals on this. It's a five to four decision.
00:18Amy Coney Barrett has been the biggest disappointment I can think of in terms of
00:23conservatives being nominated to the Supreme Court. The left fought her every step of the way.
00:28We stood beside her and then she has just stabbed us in the back over and over and over. It's
00:32absolutely insane. I can't believe we're even having this discussion right now.
00:36What world does it make sense to count ballots after election day?
00:42Yeah, so as you guys heard, the Supreme Court has come down with its ruling that a lot of us,
00:49including myself, were expecting to be in our favor. Unfortunately, that is not the case.
00:55It is not in our favor. And they have basically ruled that ballots can be counted after election
01:03day. But all hope is not lost. All hope is not lost. So before you get down, all hope isn't
01:13lost.
01:13Okay. And I'll explain why here in a minute, but here's some more coverage on it.
01:18Some breaking news. U.S. Supreme Court decision is now in on a challenge led by Republicans to late
01:26arriving ballots in elections. Shannon Bream has the ruling. She's got the news in the headline now
01:33from the U.S. Supreme Court. Shannon. All right, guys, this is not a win for Republicans who were
01:39challenging this. Mississippi has a state law which allows ballots to be counted, mail-in ballots after
01:44election day. If they come in, they're postmarked and meet the state requirements. But it is a 5-4
01:50loss for Republicans and an interesting cobbling together of who wrote on this. Justice Barrett
01:56wrote the opinion. Justice Roberts joined her along with Justices Sotomayor, Kagan and Jackson. So
02:01those five stuck together on this. The dissent comes from Justice Alito. Thomas Gorsuch and Kavanaugh
02:06joined him. And essentially what the majority said is that these federal statutes setting election day
02:11don't prescribe or they don't stand in conflict with states that want to say, okay, we have a
02:16procedure to count ballots after election day. Justice Alito writing for the dissent says today's
02:21decision is inconsistent with the terms of the election day statutes, contemporary election law
02:26principles, two centuries of historical practice, and the case law on the question presented. So
02:31if you're a state out there that counts ballots after election day based on your state law, that state
02:35law will stand. We wait on more opinions now, guys. More to come. So Shannon, that means, for example,
02:40in California where it takes them forever to count ballots, this doesn't help that situation at all,
02:45right? It does not because basically they're referring to the states on when they can count
02:50those ballots after election day. They say the federal statute may set election day, but these
02:55states that have allowed for procedures outside of that and the way that they collect and how and when
02:59they collect those ballots, those state laws are going to be good. Mississippi was the state here,
03:04but yes, this will apply to places like California as well. Shannon, I've learned from you that you go to
03:08the dissent first. Have you had time to do that? And if so, what did the justices who disagreed with
03:17this rule, what did they find? Well, yeah. So Justice Alito leads them with Thomas Gorsuch and Kavanaugh
03:23and they just say, Alito says, there's a situation here in which it doesn't comply, he thinks, with our
03:31understanding. And remember, during the actual arguments on this case, he said, we have election day.
03:37The word means something like you would say birthday or independence day. It's that day.
03:42He said things should be consummated by election day. That was his argument. So not surprising that
03:48he is the one writing the dissent. He was the most vocal during the argument, but he says it just
03:52doesn't comport with the law as he understands it. And he's got three who agree with them, but you need
03:56more than that. So again, it was Justices Barrett and Tom, or excuse me, Justices Barrett and Roberts
04:01who joined with the three liberal justices for this loss for Republicans challenging this Mississippi
04:06count. Okay. We get, we may, we get more, right? Yeah, we could get more, right? Don't go anywhere,
04:12Shannon. Yeah, more are coming. Stay plugged in. I'm right here. I want to bring in John Yu,
04:15former deputy assistant, AG. Sir, welcome. What do you think of this ruling hot off the press from the
04:20U.S. Supreme Court? Bill, two other lessons I would just add to Shannon. One, this puts a lie to
04:28the idea
04:28that the Supreme Court is just there rubber stamping the Trump administration. Here,
04:32the Trump administration took a loss. And the second thing this puts a lie to is that you've got
04:37a six justice conservative block. Here you saw Justice Barrett and Chief Justice Roberts
04:43joining with the three liberal justices. One other point I would add in addition to Shannon's analysis
04:49is that this is not about the constitutional power. If Congress wanted to pass, say, the SAVE Act,
04:56which I know President Trump is pushing for, and wanted to set deadlines about the election is on
05:00this day, and you only have this much time to count, Congress could do that. All the court here
05:04is saying is that when Congress set the day for elections, it was not passing any kind of rules
05:10about when and how you count those ballots. But Congress can do that under the Constitution
05:15if it wants to. John, I wonder if it's sort of like, just for people at home, maybe this is
05:20a dumb
05:20question, but let's say you have your utility bill, and it's due, things are tight, but you make it,
05:27and you're sending it in by snail mail, and it's postmarked by the due date. Then you're free and clear.
05:33There will be no penalty. Is that sort of like this?
05:38Shannon, I'm sorry. Dana, you're exactly right. Yeah, I mean, for the folks at home and for your
05:43hypothetical, that's right. You get the ballot in on or before election day, you're good. But
05:50one other thing, and Shannon emphasized this in her description, too, is that this is still up to
05:55the states. The Constitution allows each state to decide how it wants. You could live in a state like
06:00the one you were talking about before, where the state could say, we got to get the ballot by election
06:05day. Those are all, and we're going to count it by election day. I think that's what Florida does.
06:09That's okay. Or you can live in a state like my own state of California, which says, we're going to
06:13take 30 days to count. That's okay. Congress can fix that if it wants. The Constitution doesn't
06:19prohibit that. But until Congress does, the Supreme Court is saying, that's up to each state to
06:25decide for stuff. That's up in your hypothetical to each utility company to decide for you.
06:30So just the other point is, yes, Congress could do that, but also the state legislatures could. So
06:35for those who are advocating and wanted the Supreme Court to rule
06:39in a different way, they can take that fight to those states and try to pass that in their state
06:45legislatures. Excellent point, Dana, that this, and this is generally how our Constitution is hardwired.
06:53Most of the important decisions in life are really supposed to be up to the states. So if you don't
06:59like this rule, you can get your state legislature to change it. If you don't like this rule, you can
07:03move
07:03to, if you don't like it in California and the way we do business, move to Texas, move to Florida,
07:08or maybe you like it the other way. But our system depends on competing states and leaving them the
07:13discretion on how to decide.
07:15Now, the one way to get around all of that is the Save America Act. Now, is that a long
07:27shot? Yeah,
07:28it most certainly is. It 100% is, even though recently after this ruling, Uncle Trump actually
07:37called out several senators by name. Lisa Murkowski, Susan Collins, Tom Tillis, and the likes Mitch McConnell
07:45as well. He called them out by name after this ruling came down in, you know, trying to encourage
07:52them to pass the Save America Act. Now, do I expect them to do it? No. I said this the
07:58moment that we got
07:59rid of some of these rhinos earlier this year. Don't expect any favors going our way for the rest
08:05of this year. Don't expect it. Okay. But here is the silver lining because I know some of you are
08:10really, really disappointed and really, really angry as long as myself, right? Here's what you
08:15got to keep in mind. We've won under these conditions before, so we could do it again. Okay.
08:22In 2024, when Democrats were still in power, Democrats had the presidency, and all of this
08:31stuff was still available, right? The mail-in ballots, the whole nine, the Save America Act
08:36wasn't even a thing, wasn't even a topic of discussion. We still won. Okay. So keep that
08:44in mind, even after this terrible decision. We've won under these conditions before.
08:51We can do it again. Now, would this have made conditions a whole lot better? Absolutely.
08:59Absolutely. Would have been amazing. But we can still win. And the proof is we've already
09:09done it. Okay. Don't forget that Uncle Trump is still in office. Okay. We did that under
09:16these same conditions. So before you just throw up your hands and say, ah, well, I'm
09:20giving up. We've done it before and we can do it again. And after this year, come next
09:28year, January, Mitch McConnell will be gone. Tom Tillis will be gone. John Cornyn will
09:35be gone. Okay. Along with other rhinos who were standing in the way. And so really the only
09:42rhino that would be standing in the way still is Lisa Murkowski. That's it. So we can get
09:47it done next year for 2028. Is it going to make 2026 or is it going to make the midterms
09:55of 2026 a little more difficult? Yeah, sure. Absolutely. But once again, we've won before
10:01under these conditions. So I wouldn't be shocked if we did it again. I would not be shocked,
10:07especially with the advent of these far leftist, the Mondani types taking over the Democrat party.
10:12A lot of the polling that has come, that, that came out was before the Mondani types took
10:18over and it was already trending in the wrong direction for Democrats. So just imagine what
10:23it's looking like right now. Okay. So get out and vote in these midterms, stay active. All right.
10:30Stay engaged. We can still win and we'll pass the save America. We'll get the save America act
10:35past next year. And for John Thune being the pathetic leader that he is, I don't even think
10:41I could call him a leader in 2028 when he's up for reelection in South Dakota, we can vote
10:46him out too, along with Lisa Murkowski. Okay. And any other rhinos that may be left over come
10:542028. So then we're really free and clear for JD Vance or Marco Rubio's presidency, whenever
11:02the next Republican gets in and we can really enact a true America first agenda, the way
11:08that, you know, we, we would have liked under a Trump administration. I still would like to
11:13see Trump, uh, you know, have that opportunity, but not going to happen. Unfortunately, not
11:19going to happen, but that's okay. That's okay. Uh, we, we, we're, we're the finish line is
11:25in sight. It's in sight. Come 2028, we can get rid of most of the rest of the rhinos and
11:31we're, we're smooth sailing. We're smooth sailing. So stay the course, stay the course.
11:35Don't be discouraged. Y'all stay safe out there. Peace and love. I'm out.
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