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Media networks are the only entities that can call an election on election night. States can't and don't do that. Therefore, Kavanaugh is either talking about (

by wycy 6y ago

Media networks are the only entities that can call an election on election night. States can't and don't do that. Therefore, Kavanaugh is either talking about (1) the networks "calling" the election or (2) he's talking about some fantasy world in which states certify their elections night-of. Either is lunacy and either flies in the face of originalism. I have a lot of problems with NYT, including ideological problems, but to say it's just a partisan rag tells me all I need to know about this conversation.

fastball 6y ago
How can you say that and not agree that it is a partisan rag? A reputable news org shouldn't have a handful of problems, much less "a lot". And certainly not blatantly obvious ideological / bias problems. Back to SCOTUS, the quote was: > Those states also want to be able to definitively announce the results of the election on election night, or as soon as possible thereafter. Emphasis mine. Nowhere did the majority opinion say "certify" the results. States (or to be more precise, the districts within them) absolutely do start reporting their results on election night.
- wycy 6y ago
  Now that we're 2 weeks after the election, zero states have reported final results, and all of our understanding is based on TV networks calling the results, have you changed your tune on this?
  - fastball 6y ago
    What did I say that is no longer true now?
    - wycy 6y ago
      Living through the past 2 weeks reiterates that Kavanaugh’s opinion was implicitly about AP/NYT/CNN being able to call the election despite the guise of “originalism”
      - fastball 6y ago
        I’m confused, wasn’t your original claim that it was implicitly talking about states calling the election, not news networks? And from there, it’s pretty clear that indecision around the election (and specifically mail-in voting) has indeed caused issues, so if anything the last two weeks affirm the SCOTUS majority opinion.
        wycy 6y ago
        The point was that Kavanaugh's opinion was that networks must call the election night-of or immediately thereafter, which is not an originalist interpretation.
        fastball 6y ago
        That is definitely not what the opinion said.

by wycy 6y ago

fastball 6y ago

How can you say that and not agree that it is a partisan rag? A reputable news org shouldn't have a handful of problems, much less "a lot". And certainly not blatantly obvious ideological / bias problems. Back to SCOTUS, the quote was: > Those states also want to be able to definitively announce the results of the election on election night, or as soon as possible thereafter. Emphasis mine. Nowhere did the majority opinion say "certify" the results. States (or to be more precise, the districts within them) absolutely do start reporting their results on election night.

wycy 6y ago
Now that we're 2 weeks after the election, zero states have reported final results, and all of our understanding is based on TV networks calling the results, have you changed your tune on this?
- fastball 6y ago
  What did I say that is no longer true now?
  - wycy 6y ago
    Living through the past 2 weeks reiterates that Kavanaugh’s opinion was implicitly about AP/NYT/CNN being able to call the election despite the guise of “originalism”
    - fastball 6y ago
      I’m confused, wasn’t your original claim that it was implicitly talking about states calling the election, not news networks? And from there, it’s pretty clear that indecision around the election (and specifically mail-in voting) has indeed caused issues, so if anything the last two weeks affirm the SCOTUS majority opinion.
      - wycy 6y ago
        The point was that Kavanaugh's opinion was that networks must call the election night-of or immediately thereafter, which is not an originalist interpretation.
        fastball 6y ago
        That is definitely not what the opinion said.