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This Judge Didn’t Get the Memo — Judges Aren’t Kings

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Gavelby Zack Smith and Hans von Spakovsky, The Daily Signal

In the United States, we don’t have kings or queens of any variety.

Still, some judges apparently think they are philosopher-kings, and an order released recently by a federal district court judge in Texas shows he may be in that group.

Judge Fred Biery’s order that state officials allow mail-in voting for all eligible voters in upcoming elections seems totally disconnected from the law and reads like a manifesto from a wannabe philosopher-king, complete with rhetorical flourishes, endnotes, and appendices.

There are many issues with the opinion.

First, issues of Texas state law are still working their way through Texas state courts—and federal courts often abstain from ruling in such situations.

Second, Biery brushed aside the concerns of state officials over potential voter fraud, stating in colorful language, “The Court finds the Grim Reaper’s scepter of pandemic disease and death is far more serious than an unsupported fear of voter fraud in this sui generis experience.” He went on to say, “Indeed, if vote by mail fraud is real, logic dictates that all voting should be in person.”

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© 2020 The Heritage Foundation

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