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‘Baffling’: Justice Thomas writes forceful dissent in Pennsylvania mail-in ballot case

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On Monday, the U.S. Supreme Court rejected a number of cases regarding the 2020 election, including an appeal from Republicans challenging a Pennsylvania Supreme Court ruling that allowed mail-in ballots received up to three days after Election Day to be counted in order to make up for challenges posed by the COVID-19 pandemic.

In response, conservative Justice Clarence Thomas wrote a strongly worded dissent against the court’s decision to throw out the case.

“That decision to rewrite the rules seems to have affected too few ballots to change the outcome of any federal election. But that may not be the case in the future,” Thomas wrote. “These cases provide us with an ideal opportunity to address just what authority nonlegislative officials have to set election rules, and to do so well before the next election cycle. The refusal to do so is inexplicable.”

“One wonders what this Court waits for,” wrote Thomas at the end of his 11-page dissent. “We failed to settle this dispute before the election, and thus provide clear rules. Now we again fail to provide clear rules for future elections.

“The decision to leave election law hidden beneath a shroud of doubt is baffling,” he continued. “By doing nothing, we invite further confusion and erosion of voter confidence. Our fellow citizens deserve better and expect more from us.”

“I respectfully dissent,” Thomas concluded.

Thomas and two other conservative justices, Samuel Alito and Neil Gorsuch, wanted to hear the cases, whereas Chief Justice John Roberts sided with the liberal justices–Stephen Breyer, Sonia Sotomayor, and Elena Kagan–in rejecting them. According to Politico, newly sworn-in Justice Amy Coney Barrett opted not to participate in that vote, saying she had not had enough time to study the issue.

This rejection of the Republicans’ appeal leaves the Pennsylvania Supreme Court’s ruling in place.

Other cases the justices rejected were related to election challenges filed by former President Donald Trump and his allies in swing states, like Pennsylvania, that President Joe Biden won, such as: Arizona, Georgia, Michigan, and Wisconsin.

In writing the dissent for the other side of the court, Justice Samuel Alito said: “The provisions of the federal Constitution conferring on state legislatures, not state courts, the authority to make rules governing federal elections would be meaningless if a state court could override the rules adopted by the legislature simply by claiming that a state constitutional provision gave the courts the authority to make whatever rules it thought appropriate for the conduct of a fair election.”

You can follow Douglas Braff on Twitter @Douglas_P_Braff.

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Cuomo says he’ll ‘fully cooperate’ with NY AG’s review of sexual harassment claims

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Screen Shot 2021 03 03 at 2.45.28 PM

New York Gov. Andrew Cuomo (D) said Wednesday that he will “fully cooperate” with the state attorney general’s independent review into sexual harassment allegations made against the currently scandal-ridden governor, saying, “I fully support a woman’s right to come forward.”

Last Wednesday, Lindsey Boylan, who served in his administration for over three years, accused Cuomo of suggesting to her on a 2017 flight that they play strip poker, inappropriate touching, and kissing her on the lips without her consent.

RELATED: ‘Let’s play strip poker’: Fmr. Cuomo aide accuses NY governor of sexual harassment

Following Boylan’s accusations, 25-year-old Charlotte Bennett alleged the governor indicated interest in having an affair with her while she was serving in his administration as a health policy adviser. In a Saturday New York Times report, Bennett told the newspaper that Cuomo asked her if she had “ever been with an older man,” adding that “age doesn’t matter” in relationships.

At Wednesday’s press briefing, the Empire State governor addressed the accusations leveled against him over the past seven days by three women and New York Attorney General Letitia James’ (D) independent review into those claims, which she announced on Monday was formally proceeding.

RELATED: De Blasio ‘sickened’ by Cuomo sexual harassment claims

“As you probably know, the attorney general is doing an independent review, and I will fully cooperate with that review,” Cuomo said at the beginning of his statement. “Now, the lawyers say I shouldn’t say anything when you have a pending review until that review is over. I understand that, I’m a lawyer, too. But, I want New Yorkers to hear from me directly on this.”

“First, I fully support a woman’s right to come forward,” the governor began. “And I think it should be encouraged in every way. I now understand that I acted in a way that made people feel uncomfortable. It was unintentional and I truly and deeply apologize for it. I feel awful about it, and frankly I am embarrassed by it, and that’s not easy to say. But that’s the truth.”

This echoes what Cuomo said in a Sunday statement about the allegations, in which he stated he “may have been insensitive” during his tenure but charged his accusers of misinterpreting his actions, saying, “I acknowledge some of the things I have said have been misinterpreted as an unwanted flirtation… I am truly sorry about that.”

RELATED: Cuomo responds to sexual harassment claims, saying he ‘may have been insensitive’

During his Wednesday remarks, Cuomo iterated “I never touched anyone inappropriately,” repeated that sentence, then said “I never knew at the time that I was making anyone feel uncomfortable” and repeated that one too.

“And I certainly never, ever meant to offend anyone or hurt anyone or cause anyone any pain. That is the last thing I would ever want to do,” he continued. “I ask the people of this state to wait for the facts from the attorney general’s report before forming an opinion. Get the facts, please, before forming an opinion.”

“I also want you to know that I have learned from what has been an incredibly difficult situation for me as well as other people, and I’ve learned an important lesson,” the governor said at the end of his statement. “I’m sorry. I’m sorry for whatever pain I caused anyone, I never intended it, and I will be the better for this experience.”

Amid Boylan and Bennett’s allegations, another report of Cuomo sexually harassing a woman has cropped up. On Monday, a woman named Anna Ruch accused the governor of placing his hands on her cheeks—without her consent—at a 2019 wedding reception and asking if he could kiss her. A photograph of the two together at the event has also been circulating on social media.

RELATED: ‘Eat the whole sausage: Gov. Cuomo in hot water for resurfaced video

Asked at Wednesday’s briefing about the pictures that have resurfaced of him being touchy with people, particularly that of him and Ruch, the governor claimed that it is his way of greeting people.

“I understand the opinion of—and feelings of—Ms. Ruch,” Cuomo said. “You can find hundreds of pictures of me making the same gesture with hundreds of people—women, children, men, etc. You can go find hundreds of pictures of me kissing people. […] It is my usual and customary way of greeting.”

Moreover, the governor said that his father, former Gov. Mario Cuomo, would do the same thing.

“By the way, it was my father’s way of greeting people,” Cuomo said, explaining, “You’re the governor of the state, you want people to feel comfortable, you want to reach out to them.”

He also mentioned that he kisses and hugs legislators and noted that at an event in Queens the other day he hugged pastors and state assembly members.

Furthermore, the governor said that his intent “doesn’t matter,” saying, “What it matters is if anybody was offended by it.”

“But if they were offended by it, then it was wrong,” he added, going on to say that if they were offended or hurt by it, he apologizes.

MORE ON CUOMO: NY dem says state legislature is ‘inching toward’ Cuomo impeachment probe

You can follow Douglas Braff on Twitter @Douglas_P_Braff.

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