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A Supreme Court case decided over a decade ago may come back to haunt Judge Amy Coney Barrett

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Amy Coney Barrett (MSNBC)

A Supreme Court case that was decided over a decade ago may come back to haunt Judge Amy Coney Barrett as America enters an impending post-election 2020 judicial nightmare; one in which the sitting president may deny a peaceful transfer of power.

Caperton v. A.T. Massey Coal Co. was argued in 2009 with the primary holding that a judge cannot hear a case that centers on the financial interests of someone who supported him substantially in his campaign for election. Justice Anthony M. Kennedy wrote for the majority that “recusal may be constitutionally required even where a judge is not actually biased, if there is a ‘serious risk’ of actual bias.”

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Justice Antonin Scalia criticized the majority for constitutionalizing the judge’s recusal decision “in a manner ungoverned by any discernable rule,” but wrote that “in the best of all possible worlds, [judges should] sometimes recuse [themselves] even where the clear commands” of the Constitution don’t require it.

“The question for Barrett, if it arises, will not be whether she personally believes she can be fair in deciding an election case but, rather, whether a reasonable person would conclude that her impartiality would be inescapably overborne by the flood of influences brought to bear on her,” wrote former U.S. Court of Appeals Judge J. Michael Luttig in a column for the Washington Post.

Luttig continued, “Among these pressures are her nomination, due to Justice Ruth Bader Ginsburg’s death, little more than a month before the election, the unavoidable fact that Barrett would be deciding the political fate of the president who nominated her only weeks ago, and President Trump’s ill-timed calls for Barrett’s swift confirmation so that she can be seated in time to decide the election cases. These bludgeoning pressures alone are at once singular and unprecedented, unsurpassed and quite possibly unsurpassable in their magnitude. By comparison, the pressures believed put on the West Virginia judge in Caperton pale.”

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2020 Election

Twitter again takes action against Trump for lying about mail-in ballots

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On Monday, President Donald Trump tweeted yet another false claim about mail-in ballots, and implicitly called for throwing out any ballots that have not been received by November 3rd even if they were postmarked before that date.

Twitter took action against the president's false statement, hiding it behind a warning that it "might be misleading about how to participate in an election or another civic process."

The social network has previously limited other tweets from the president, including those giving false information about the COVID-19 pandemic and one that appeared to glorify the shooting of civil rights protesters.

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2020 Election

‘They’ve rigged the courts’: Democrats rip ‘illegitimate nominee’ Amy Coney Barrett — and McConnell’s ‘sham of a process’

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The United States Senate on Monday confirmed Judge Amy Coney Barrett to the United States Supreme Court.

Fifty-two Republicans voted to confirm, while Sen. Susan Collins (R-ME) joined all Democrats in voting no, resulting in a 52-48 outcome.

Judge Barrett will participate in a ceremonial swearing-in at the White House on Monday evening and will be officially sworn in as Associate Justice Amy Coney Barrett on Tuesday morning.

Democrats had harsh words about the process.

Sen. Cory Booker (D-NY) ripped the "illegitimate nominee rushed through an illegitimate process."

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2020 Election

Joe Biden makes bold push to be the first Democrat to win Georgia in decades: Washington Post

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As the final leg of his presidential campaign crescendos, Democratic candidate Joe Biden is hoping to pull off what hasn't been done in decades; Biden will aim to be the first Democrat to win Georgia since former President Bill Clinton managed the feat in 1992.

In 1968, Georgia voted for Independent George Wallace in an election that marked the last time a third-party candidate received any electoral votes.

Georgia has 16 electoral votes up for grabs in the 2020 election -- and Biden is not wasting any time.

“[Biden] understands the vitality of the Sun Belt and the importance of not just winning this election, but setting the table for success for the Senate and for the country,” said former gubernatorial nominee Stacey Abrams. “Georgia has been ground zero for many of these conversations.”

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