War Room host Steve Bannon and MAGA lawyer Mike Davis lost it on Monday as a Supreme Court ruling they say “totally screwed” them landed live on air.
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The in Watson v. Republican National Committee allows states to count mail-in ballots postmarked by Election Day but received up to 5 days later. Justice Amy Coney Barrett wrote the majority opinion.
“Election Day does not mean Election Day according to Justice Amy Coney Barrett,” Davis reacted. “But it seems like Justice Barrett, our esteemed law professor — I’ve called her other names before — just totally screwed us on what Election Day means,” he added.
“She screwed the country, really, because there is something called the Elections Clause under the Constitution, and state and local governments get to decide election rules unless Congress comes over the top with a federal statute on time, place, and manner of elections,” Davis continued.
The Elections Clause is the constitutional provision that gives states authority over how elections are conducted — unless Congress passes a federal law overriding those states’ authority.
Barrett was joined by Chief Justice John Roberts and the three liberal justices. Four conservatives dissented — Justices Samuel Alito, Clarence Thomas, Neil Gorsuch, and Brett Kavanaugh — though Davis reserved special scorn for Gorsuch, his former boss, as the one conservative he praised for not ruling against them.
“And if you look at Justice Samuel Alito’s dissenting opinion today, it talks about how it was a burden for Civil War soldiers, for example, to cast their ballots for president and get them received by Election Day — but they managed to do it,” Davis said.
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“But Amy Coney Barrett, in her majority opinion, just brushes that aside and says the states didn’t know better,” he added.
“This is all about what they say on MS NOW: ‘What a great win for democracy. This is about accessibility and access,'” Bannon ranted. “They essentially want enough time so they can steal it.”
“If you had to just show up on Election Day, they get smoked every time, Mike,” he told Davis. “…what logic did she have to say it’s not Election Day, but it’s election month, with all the stealing and problems? And this is gonna cause massive problems in the midterms already.”
“It’s just an asinine ruling,” Davis griped, “of course, what you would expect out of a law professor, an esteemed law professor, instead of a rattled law professor with her head up her a— as I’ve called her before.”
Both men called on Senate Republicans to immediately pass the SAVE America Act — a bill that would require proof of citizenship to register to vote and mandate photo ID at the polls, and which President Donald Trump has demanded be expanded to ban most mail-in ballots — before the November midterms.
Davis told listeners to pick up the phones and “light up both of your home state senators right now.”
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