Less Than One Week Until Election Day

Today on Jay Sekulow Live, less than one week from Election Day in the Supreme Court and how it will weigh in on how votes are counted. We'll talk about that more today on Jay Sekulow Live. Live from Washington D.C., Jay Sekulow Live. Joe Biden is off the campaign trail today with only six days to go before the election.

His running mate, Senator Kamala Harris, will head to Arizona as Democrats look to flip the reliable red state to blue. Phone lines are open for your questions right now. Call 1-800-684-3110. President Trump will also be stumping there holding two rallies later today. And now your host, Jordan Sekulow.

All right, welcome to Jay Sekulow Live. We are taking your phone calls 1-800-684-3110. That's 1-800-684-3110. We're six days out from Election Day. We're less than one week. I have a question for those of you who are listening to the broadcast right now.

1-800-684-3110. Have you already cast your vote? Did you vote by mail? Did you vote in person? Did you take part in early voting? A lot of states, again, early voting is coming to a close. Other states, early voting continues up through Friday or Saturday.

Then it's Election Day on Tuesday. But you need to know your states. We can't go through this broadcast, all 50 states, and what you've got to do. Of course, if you have questions about your individual state, we can get that information for you on the broadcast today.

So if you've got those questions, sure, call in at 1-800-684-3110. But what's important to know is that we know that close to 80 million people, I think the last count was over 72 million, 73. So it's probably close to 80 at this point with early voting still occurring in states across the country, long lines. 80 million people. I think last election was 180 million votes cast. So I mean, you're talking about almost half. We might be at half if by the time we actually get to Election Day.

It seems like it's about on track for that, at least, unless early voting really starts to slow down. Now, what we do know has started to slow down, it takes us right into the case out of the Supreme Court of Wisconsin, is voting by mail. Because you've got Democrat secretaries of state saying, first we told you to vote by mail. Now we're saying, even if you have it by mail, you better drop it off.

Because this is not long enough. Even if you think you're going to put it in your, the post office is going to pick it up, and hey, your board of elections is only half a mile away. So much mail could be in the mail those few days. They're saying, really don't vote by mail anymore. Yeah, and I think we have clarity now from the Supreme Court, at least the beginning of clarity, I would say, as to how this is going to look as there's challenges. There's two cases that are really percolating right now, one out of, a series out of North Carolina, and of course, a series out of Pennsylvania. But there was also a decision by the Supreme Court out of Wisconsin.

And it's very important to understand the breakdown of how that case went, because you have to understand what happened there. And again, it was this, are we going to let the courts extend the date upon which ballots can be cast? In other words, that the ballot can come in three days after the Election Day, or seven days, even if the state legislature says, no, it's got to be in by Election Day. Here's what five justices of the Supreme Court said, but differently. You have one justice, Justice Roberts had said, federal courts cannot extend these dates. That's not the job of a federal court. But he said, state courts can. Justice Kavanaugh writing a concurring opinion in the same case out of Wisconsin said, no, neither a federal court. And then he put a footnote in and said, state courts also are bound by the same constitutional process.

They can't willy nilly change the dates either. He makes the statement, there has to be certainty in election dates and election timing. So I found that this really is, I think, during the roadmap of how it's going to go. I think so too. And so what you have now is a clear statement from four members of the Supreme Court. And you can wonder now if with Judge Barrett, Justice Barrett, that that would be five.

That's the big question. Because then it won't matter if the court case emanates from a state court or a federal court. It's the same philosophy is going to look at it. Doesn't mean the same result, but the same philosophy is you cannot willy nilly decide you're going to now change when ballots can come in. And we won't ever have it into our election.

And it goes back to Bush versus Gore and Chief Justice Rehnquist saying, you have to have it. There's got to be some certainty in our election process. There has to be an end date, if you will. We say we're going to stop counting votes. We're going to stop. Remember in that case, it was stop recounting votes. We're just, we have to say there's a winner and a loser. We have to let our country move on.

1-800-684-31. Tim, we'll be right back. The challenges facing Americans are substantial at a time when our values, our freedoms, our constitutional rights are under attack. It's more important than ever to stand with the American Center for Law and Justice. For decades now, the ACLJ has been on the front lines protecting your freedoms, defending your rights in courts, in Congress, and in the public arena. And we have an exceptional track record of success.

But here's the bottom line. We could not do our work without your support. We remain committed to protecting your religious and constitutional freedoms.

That remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side. If you're already a member, thank you. And if you're not, well, this is the perfect time to stand with us at ACLJ.org, where you can learn more about our life changing work.

Become a member today. ACLJ.org. Only when a society can agree that the most vulnerable and voiceless deserve to be protected, is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice to defend the right to life. We've created a free, powerful publication offering a panoramic view of the ACLJ's battle for the unborn.

It's called Mission Life. It will show you how you are personally impacting the pro-life battle through your support. And the publication includes a look at all major ACLJ pro-life cases, how we're fighting for the rights of pro-life activists, the ramifications of Roe v. Wade 40 years later, the play on parenthood's role in the abortion industry, and what Obamacare means to the pro-life movement. Discover the many ways your membership with the ACLJ is empowering the right to life. Request your free copy of Mission Life today online at ACLJ.org slash gift. Welcome back to JCECO Live.

This is Jordan Zecchia. So we're taking your phone calls 1-800-68-431. We were out yesterday with Logan taking the reins of the show. We wanted to focus your attention on a couple of things. One is the Supreme Court case out of Wisconsin. Now, this is an interesting case because it came from a federal court, not a state court. So far, the Supreme Court, because of Chief Justice Roberts, has been siding with state courts on whatever they really decided about when they could accept ballots, mail-in ballots.

So if it was postmarked on election day at a certain time, then if it was six days, if it was three days, if it was nine days, they were deferring to state courts to determine this. Well, one case came out of the federal courts. So Chief Justice Roberts, he came up with, of course, one of his kind of ways of getting at things, similar to the Affordable Care Act. Well, because it was a federal court, not a state court, the federal court, I guess, you know, they should be getting involved in this, even though we're talking about U.S. constitutional issues. That's why it's before the Supreme Court in the first place.

It has constitutional consequences. But in Justice Kavanaugh's opinion, and since this, we now have a new justice on the court. So this could be a sign of how, when we see places like Instagram, Dad, saying that votes, we probably won't have results on, and that's what we think is going to be, that's normal, that's going to be the process.

And they're putting that out to everybody. It will be these kind of decisions by the court that will determine kind of when we stop counting votes. And that's what Bush versus Gore is about. When do we stop the recounts? When do we stop counting ballots? When do we stop looking for more? When do we stop throwing more out? And when do we say this is the end of the election?

Exactly. So Justice Kavanaugh in the Democratic National Committee versus Wisconsin state legislature case, and there the legislature had rules and laws and regulations. Justice Kavanaugh noted that approximately 30 states, including Wisconsin, require that absentee ballots be received by election day in order to be counted. That's 30 states have that. So it's a majority of the states have that. This issue came because a federal district court in Wisconsin unilaterally changed the state's deadline for receipt of the absentee ballots. He said, well, it's because of the pandemic, so I'm going to go to, instead of November 3rd, I'm going to go to November 9th. Five justices of the Supreme Court, including the Chief Justice, John Roberts, I will say for the record, Andy, I told you he might get one right.

He got one right. Although the reasoning is still a little different, to say the least. He said, when it's a federal court trying to intervene, the federal courts can't do it. But the state courts can. That's under Justice Roberts. Justice Kavanaugh, Justice Thomas, Justice Alito, Justice Gorsuch took a different view. They said, of course, the federal courts can't do it.

But the difference between the state and federal courts are not of constitutional consequence as it relates to moving the dates for balloting. So, I think, Andy, we've got a framework. And then, of course, we've got the unknown question, which will be, and these, look, we've got these cases up there, now I'm involved in them. Wisconsin, excuse me, Wisconsin already decided. We've got Pennsylvania, North Carolina up there. And there may be a couple of others too coming. So, we don't know where Justice Barrett's going to be on this, but I think we have the framework.

Yes, we do. I think definitely the framework has been put in place by the reasoning that Justice Kavanaugh put forward in doing exactly what you said. I was impressed by Justice Kavanaugh's opinion very much because what he said is exactly what he was put on the bench to do, and that's engage in judicial restraint. He said that it is not, it is not the province of a federal district court to usurp the proper role of the state legislature in rewriting election laws in a period close to the election. A federal district court has no business, as he says, swooping in and altering carefully considered and democratically enacted state election rules when an election is imminent. So, that, I think, shows the judicial philosophy of the person that President Trump appointed to the court. A state legislature's decision to make changes should be, as he says, not subject to second guessing, and this is what I love particularly, by an unelected federal judiciary which lacks the background competence and expertise to assess the public's health and is not accountable to the people.

So, the design of electoral procedure, he says, is a legislative task and not one that federal judges should be insinuating themselves into. I'm very much impressed with the reasoning, the clarity of the reasoning, and the fact that he's basically told federal judges that's not where we belong to be sticking our nose in. So, the difference you have, Harry, is this kind of state court, federal court distinction. Now, Justice Kavanaugh, in a footnote, and it's a lengthy footnote on page nine of the opinion, he says, you know, there are differences between state courts and federal courts and how it comes out of those courts. But constitutionally speaking, constitutionally speaking, he writes that in a Presidential election, a state court's significant departure from the legislative scheme for appointing Presidential electors presents a federal constitutional question. So, he disagrees with Justice Roberts. So, we have four votes that would say, even if it's a state court movement these days, they can't do it.

Absolutely. And I think it's a very, very important decision by Justice Kavanaugh. Clearly and unmistakably, he has set forth a clear rule that neither district courts nor state courts have a unlimited right to change the rules just before an election. And it doesn't matter whether it's a federal district court or a state court. So, this is a very powerful, very influential decision.

And I certainly hope that Justice Barrett follows the roadmap outlined by Justice Kavanaugh. Basically, we live in a republic. Article Two of the United States Constitution gives state legislatures the right to control the rules.

The rules have been set forth. Many judges, they are drawn to the claim that the coronavirus basically abrogates constitutional standards and statutory standards. That is nonsensical simply because the American people have had weeks if not months to vote with proper social distancing.

Again, we would take your phone calls at 1-800-684-31. We're asking people about how they voted, their questions, their concerns leading six days until election day. And so, you're going to hear lots of stories that we've got even out of Joe Biden's campaign. If you see what's coming from his campaign is Victory Fund saying, oh, we're behind the polls. It shows him behind one point in Michigan to Donald Trump, four points behind in Arizona, and two points down in Florida.

I think the Biden campaign, and of course, that's with the DNC, that's what the Victory Fund is, a joint fund. They realize that what MSNBC and CNN are doing by having these analysts continue to come on to talk about blowouts is not good for turnout because, yes, there's a lot of early voting. Yes, it looks like that's favoring Democrats, but there's still going to be more votes on election day.

And if people don't show up, the blowout could go the other way. And so, they are trying to do their own pushback. I think these are made up.

I think that they just put some random numbers together to show that they're somehow behind because they're trying to say, hey, we need to actually get people to, we have to have a group of people actually show up to vote on election day. Okay. So, let me make a point here.

And I'm going to and I think this is, I think you're right. I mean, first of all, I think the polls are very all over the place and are probably half meaningless. But I think it's clear, I wanted to get Thanh's view on this kind of a Washington view, is the sense, Thanh, a little bit that the media hype on Biden is so strong that they're afraid that on election day, which is going to be a big day for Donald Trump, I don't think anybody's going to deny that. The election day will be a big day, I think, for the President. The media is saying that, that they're trying to scare people into, not scare them into voting because everybody has a constitutional, in my view, obligation to vote, but certainly the constitutional right to vote.

What's going on with this, do you think? Yeah, I think in Washington, actually, there's been some trepidation on the Democrat side of the aisle for a while now that the Biden-Harris approach to this was taking a win for granted. But look, I wouldn't put all of the blame for that if I were Democrats onto the media. I mean, look at where the Biden-Harris campaign or their ticket is campaigning today. They're in Texas and Georgia. I mean, look, maybe they believe that Texas and Georgia are in play and maybe they will be in the end. But Jay, to me, it hearkens back to the 2016 strategy where Hillary Clinton focused on states that were not in her roadmap to 270. And I see this, this ticket doing the same exact thing. So look, I agree with Jordan, you know, this, this ad that Joe Biden put out focusing on Michigan, Arizona, and Florida.

Now that, that's the right play. I mean, those are states that clearly are in his path to 270. So I just can't understand why he would be putting that ad out while campaigning in Texas and Georgia.

To me, that doesn't make political sense. Well, this is the problem that Hillary Clinton ran into the last time too, is they, they knew on paper. It's like their analysts, like they had said, they know what's important, but yet they, they go to these, these outlier states hoping that somehow they're going to flip a Texas and Georgia when they don't even have to, to win the election. They've got much closer races going on in places like Michigan, Arizona, and Florida, and Wisconsin.

Go there, focus there. If you're a Democrat, why are you trying to win the outliers? You win the outliers when you get a landslide. Why are they trying to do that? They're obsessed with that in the Democrat party.

They're obsessed with those outliers. And I think that's what happens with these candidates is they say, see, you won't lose if you win this state. Well, then I'll keep going there. The problem is you don't have to win that state. So they'll spend money going to Georgia, even though the chances of winning Georgia are very, very low. Very low. And they keep getting worse and worse by each day.

I mean, that's what you can say. It's just by the polls show that it's lower and lower by the day. So why keep going back there when it doesn't need to be part of your path to victory?

We'll take your calls when we get back on JCECO Live. Only when a society can agree that the most vulnerable and voiceless deserve to be protected, is there any hope for that culture to survive? And that's exactly what you are saying when you stand with the American Center for Law and Justice to defend the right to life. We've created a free, powerful publication offering a panoramic view of the ACLJ's battle for the unborn.

It's called Mission Life. It will show you how you are personally impacting the pro-life battle through your support. And the publication includes a look at all major ACLJ pro-life cases, how we're fighting for the rights of pro-life activists, the ramifications of Roe v. Wade 40 years later, play on parenthood's role in the abortion industry, and what Obamacare means to the pro-life movement. Discover the many ways your membership with the ACLJ is empowering the right to life.

Request your free copy of Mission Life today online at ACLJ.org slash gift. The challenges facing Americans are substantial. At a time when our values, our freedoms, our constitutional rights are under attack, it's more important than ever to stand with the American Center for Law and Justice. For decades now, the ACLJ has been on the front lines protecting your freedoms, defending your rights, in courts, in Congress, and in the public arena.

And we have an exceptional track record of success. But here's the bottom line, we could not do our best to do our work without your support. We remain committed to protecting your religious and constitutional freedoms.

That remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side. If you're already a member, thank you. And if you're not, well, this is the perfect time to stand with us at ACLJ.org, where you can learn more about our life-changing work.

Become a member today, ACLJ.org. All right, so we're six days out. Let me encourage everybody to do this. If you haven't voted yet, figure out what the rules are in your state. So, you know, whether or not you're doing one of these states where you've got to get a mail-in ballot, you got to decide if you're going to take that and then go vote in person, figure that out now. Do not wait until election day to figure out what the rules are, to figure out where you need to go, to figure out what time you need to be there or what time it closes.

If you need child care, if you need someone, you know, or because this is, I'd say it's a tougher time. A lot of times it's fun to take your kids to go vote. This time you can do that, but it is a little bit more cumbersome because, I mean, weather plays a big role on election. Let me tell you, this election specifically, weather is going to play a big role on same-day voting, on election day voting because you've got to keep people distanced. So that means a lot of people outside, even when it's not that many people. So if you're in a place that's very cold, if you're in a place where it's going to be pouring rain and you can early vote today and it's not, think about that.

Think about those things. That's why I would tell everybody on this broadcast, regardless of who you're going to vote for, is this is like one of those days. You're less than a week out. Figure out your voting plan, as people like to call it now.

What do you need to do? Is early voting done in your state? Does it continue? Does it continue over the weekend? Does it stop tomorrow? What time? Maybe you can get this done.

Do you have to take a mail-in ballot with you if you didn't send that in to go and show that you didn't send it in to vote in person? Understand the rules. That's why I tell everybody right now, I don't want to go to the phone calls. We'll go to Jackie in Washington State on Line 3. Hey Jackie, welcome to JCQ live.

Hi, thank you for taking my call. You know, I heard about a month ago on the radio and I've been trying to get through to you. They said it was a Christian radio station and the man said that the Democrats were predicting that Trump would take it by a landslide on the fourth.

However, a week later, Joe Biden would take it by mail. And when I listened to you yesterday and you were like, what's he doing? And you guys couldn't figure out like what? I'm like, it was so unnerving to me to hear that. Well, let me tell you this.

Okay. So look, this is what's going to happen. There's been, Jordan said this early, there's been 62 million votes already or close to 70 million. 70 million. Is it 70 million now? 70 million votes. That's the reported number, which means that doesn't include yesterday's.

Yeah. So you're almost halfway there to what the voting populace is going to be in this country. So you're almost at the 50% line. So here's what I think happens. And election day, I think the Trump voter is going to turn out in record numbers. We're already seeing that. You're already seeing that in some of the early voting.

I think you're going to see record numbers. If the President is leading on election night and we will be broadcasting right from these studios, the issue will be where is he leading and by how much, because if let's say Pennsylvania is Trump plus 15,000, no network's going to call it with absentee votes coming in and mail-in ballots, because in that 15,000, you could switch an election. Very difficult, numerically speaking, Harry, if you get it to the say 50,000 plus, if it's Trump plus 70,000 in Pennsylvania, to move 70,000 votes mathematically is very difficult.

I think that is correct. And I think everyone who is intent on voting should follow Jordan's advice and not leave the election to chance. And so if you support the President of the United States, of the United States, you should get out and vote immediately, if not sooner, in order to make sure that your vote counts and not be in a position where you regret not voting the week after the election.

The other thing here is I do think, as we said in the first couple of segments, I think we have the legal framework, Andy, on how this is going to play out. I mean, if there's challenges in the state in fact, what do you want to say, something personal? No, no, I mean, I just, I see President Trump echoed that message last night when it was rallies, it was cold out there, and bite number three, about getting out now. Yeah. This is going to be bigger than four years ago, by the way, get out and vote. You got to, that's the only thing.

I mean, I'm standing here freezing. I ask you one little favor, one little favor, get out and vote. The great red wave. Sounds like a book title. Yes, we do have that here. And you have it right here. You must feel pretty good about that.

It's pre-COVID, but I do think that this is what people are wondering because it happened in 2016. The President has also kind of demonstrated this is what the book is about, is how to- The rave, the wave. How to recreate these kind of waves in elections. Yeah, so we've got to look at the election night and we're going to be doing analysis, but Andy, we've got a framework now, absent, obviously, Justice Barrett. So what we don't know is Justice Barrett going to rule with Kavanaugh, Gorsuch, Alito, and Thomas, that the state courts can't monkey around with these dates either, that the legislature sets them, that's the rule, you can't start changing the law of the state by judicial fiat.

I think Justice Barrett will do just that. She is an originalist, she is a textualist, and when I say textualist, that is read the Constitution. I mean, if you look under the, look at the United States Constitution, as Justice Kavanaugh said in his opinion, the state courts do not have a blank check to rewrite state election laws for federal elections. And where does he cite for that proposition? Article two of the Constitution, which expressly provides that the rules for Presidential elections are established by the states and what in such manner as the legislature thereof may direct.

That's article two, section one, clause two. In other words, the state legislature makes that decision, but it is a, raises a federal constitutional question. So a state court's significant departure from the legislative scheme for appointing Presidential electors does present a federal constitutional question. And that's why I think Justice Barrett, I should say, is going to weigh in in favor of the position taken by Justice Kavanaugh. Hey, Thanh, is there any sense in Washington among the Senator House staffers as whether we will have a game day call? In other words, will we have a decision election day? I think there's a lot of thought that maybe we won't just because of how many states are close.

But actually, I think that's the relevant question to ask. Because just practically, Jay, I mean, you increase the odds of an outcome on election night or very soon after with decisions like the one that we just came out. And I think a lot of people's default response is, well, that's a good thing for certainty purposes.

And I agree with that. But that's not the most important reason. The most important reason, Jay, and we've seen this over several elections, is when there are efforts to either engage in fraud or any other kind of electoral shenanigans, there are two efforts that take place. One, you try to create lots and lots of exceptions. And then you try to make the longest time frame possible with which to enact those concessions. It just maximizes the opportunity for games to be played. So by narrowing that down and giving people a defined scope and a defined opportunity to take a vote, you minimize fraud. And, Jay, I think that's the most important reason why decisions like the one we just got out of Wisconsin are a good thing.

Let me ask you this though, Jordan. Election night, that night, if Trump is ahead, you think they would call? I still think they won't. I think it depends on where he's ahead and by how much. So if he wins Florida, North Carolina, and he's got a lead in Pennsylvania, which could be like less than 1%, but it's 100,000 plus or 80,000, 90,000. And you look at the outstanding votes that need to be counted, mail-in or absentee, whatever, and there's just not enough there, then they're going to have to start.

I think it could be very late in the night because you've got to get past just the East Coast. But I'll tell you, if you see those states going President Trump's way, that's a very good sign for President Trump. Some of those are must-wins. Florida, obviously. Pennsylvania is not a must-win for Republicans, but it is certainly a good way to start the night. And it basically indicates you have won the election, in my opinion.

I think that's right. I think if Biden's ahead that night... How can Biden not win Pennsylvania? He's from there. Delaware is very close.

That's where he's bored. If you can't win your home states, you lose the election. By the way, we're going to be broadcasting live that night. I think we're going to start around nine o'clock Eastern time to give you analysis as it comes.

All right, we're going to be back with more, including your calls. Don't forget, support the work of the ACLJ at ACLJ.org. For decades now, the ACLJ has been on the front lines, protecting your freedoms, defending your rights, in courts, in Congress, and in the public arena. The American Center for Law and Justice is on your side. If you're already a member, thank you. And if you're not, well, this is the perfect time to stand with us at ACLJ.org, where you can learn more about our life-changing work. Become a member today.

ACLJ.org. Live from Washington, D.C., Jay Sekulow Live. And now your host, Jordan Sekulow.

All right, welcome back to Jay Sekulow Live. We are taking your phone calls 1-800-684-3110. That's 1-800-684-3110. And I want to go to some of those calls right off the bat in the second half hour of the broadcast. Let's go to Mary in Illinois on Line 1. Hey, Mary, welcome to Jay Sekulow Live.

Hi, thanks for taking my call. Yeah, I have a question regarding the state of Illinois and their ballot counting procedures. They're counting all mail-in ballots through November 17th, as long as they're postmarked by November 3rd.

Just wondering, any legal issues with that? I'm trying to understand why we're not hearing about— The legislature was out of court order. Now, that I don't know.

That's why maybe this is their normal— Well, that's the thing. You can—remember, you have until a certain amount of—until a certain date to actually certify the election results. So we call the elections on election night based off numbers that haven't been certified yet.

So when you go to bed, and if you go to bed at 2 or 3 in the morning that day, and you think—the next day you think you know who the President is. That's based off uncertified results, but there's enough of them that you say, this is who has won. And then the certification comes weeks later, a month later, before the new year, obviously, is when you get these certifications done. So I wonder if you're talking about certified versus still counting votes, new votes, in the sense of new ballots that weren't even tabulated yet in the system.

That's the difference. You're supposed to at least say, these are the votes we have. We know we've got them. Now we have to go through them and certify it. Yeah, so I don't envision—and we like to get Andy and Harry's view on this—I don't envision a Bush versus Gore case of a hanging—of the malfunction kind of—I mean, could happen. But those will be handled, like Jordan said, they're going to be handled locally with lawyers that are already on the ground that are going to deal with those issues. I think the more likely scenario is what we're already seeing, which is these judges coming in, although now there's been some tampering on that, or tampering down.

Although until you get Justice Barrett's view on how that plays out for the state courts, you're not going to know the answer. But at least I think the framework's there. I see at least a framework in place.

Oh, yeah, definitely. I think she's going to follow along. She's an originalist. She's a textualist. She's going to look at the Constitution and it says, the text, as Justice Kavanaugh said, the text of the Constitution, the text requires federal courts to ensure that state courts do not rewrite state election laws. I think she signs on to that proposition.

What do you think, Harry? Well, I think that is correct. And I would also add that states such as Illinois are less crucial in deciding the overall outcome of the election. More likely than not, Illinois will go for Joe Biden. But if you had a similar scenario in a state, let's call it a purple state, obviously the rules become much more important.

But I agree with Andy, as I always do, that more likely than not, Justice Barrett will agree with Justice Kavanaugh. Thanh, do you see any surprise states here? I mean, the Georgia thing I know they've got floating out there. Thanh, is there anything that's catching your eye that's saying, this is interesting that it's even this close in this particular state?

Sure. There are states in play. I'd look at Minnesota and New Hampshire, states that Donald Trump didn't win last time, doesn't need to get to 270 and yet his campaign and the polling numbers seem to suggest that he's within striking range there. So look, if Georgia and Texas are on the map for Joe Biden, I would say New Hampshire and Minnesota are on the map for the President.

Yeah. I mean, you look at the states mentioned, number one by Joe Biden, this kind of get out the vote push that they put that saying they're behind it is Michigan. Again, Michigan, I think, play this critical role, also could play a critical role in the US Senate. John James needs Donald Trump to do well there and vice versa. So they both, I think, can help each other a lot there. Do you think there's a chance that the President pulls out Michigan?

Yeah, absolutely. Do you think John James could win? I think if the President pulls out Michigan, yes.

I mean, because you'd have a total change. The US Senate, which everybody's nervous about, I mean, then you're having pickups again. 54-55.

Yeah, but pickups versus barely hanging on. Doug Jones clearly, Alabama, I think Doug Jones is fine. Alabama, I think Arizona, Martha McSally had a big comeback in that race. And Mark Kelly, who's looked less and less like a very good candidate, very weaker and weaker because of his work with China.

His business was all with China. That issue's big. The challenges facing Americans are substantial at a time when our values, our freedoms, our constitutional rights are under attack. It's more important than ever to stand with the American Center for Law and Justice. For decades now, the ACLJ has been on the front lines protecting your freedoms, defending your rights in courts, in Congress, and in the public arena.

And we have an exceptional track record of success. But here's the bottom line, we could not do our work without your support. We remain committed to protecting your religious and constitutional freedoms. That remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side.

If you're already a member, thank you. And if you're not, well, this is the perfect time to stand with us at ACLJ.org, where you can learn more about our life changing work. Become a member today, ACLJ.org.

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Request your free copy of Mission Life today online at ACLJ.org slash gift. Welcome back to JCECO Live. We'll be interested to see these tech CEOs. They're starting to testify today about whether or not they're now playing a role, these Twitters, Facebook, whether they should be treated like news outlets.

And thus, when they start editorializing and choosing what content and what content they don't want to use, whether or not they should be immune and get these specific immunities because they're not really just aggregators anymore now that they're taking positions. If you look at Instagram today and you open that up, it what it will tell you is that, you know, it's election day is coming, but we might not have the results on on election night. And that's normal. That's what we expect. That's actually not what we expect as Americans. That's pretty unique election.

I mean, night not being like before midnight where you are, but usually by the morning, the next morning, you know who the President, the next President of the United States will be. It is a rarity to have that Bush versus Gore scenario. And I will tell you in 2020, I mean, the country got through that pretty, pretty easily looking back on it. This would be pretty wild if you, if you put the country through that. Well, again, with the riots that we're seeing continuing right now, the riots that we saw throughout the summer, even with COVID. Oh, I think it could be explosive.

Yeah. So I think, I think the country, no, I think a definitive, I mean, if it's possible to call the election on the day of the election or the night, like you said on the next morning, it goes into two or three in the morning. I think, look, that's best for everybody.

If it can be done. Where I think it becomes interesting is we have a framework now, at least we know if it's a state court that Roberts would think, nope, state courts can fix, they can move dates. Federal courts can't on when the ballots have to be in four justices have the opposite view. Then we're going to find out what justice Barrett has because North Carolina and Pennsylvania are up there on the merits, which means we're going to have decisions. What people need to understand is we're going to have Supreme court decisions coming pretty regularly now. A lot of them are done without oral argument.

They're done on the briefs. So that's kind of what, what's happening right now. But again, the nump to be consequential, and this is what I go back to, to be consequential, take Pennsylvania, for instance, if, if Joe Biden is up, this is the weird part of it. If Joe Biden is up 30,000, I think the mainstream media will even though there's 50,000 or 80,000 votes outstanding. I think the mainstream media, Harry will call it for Joe Biden.

I think they will. They are predisposed to support Joe Biden. They have consistently supported Joe Biden. There was a recent survey that looked at national news reporting in June and July for every negative story on Joe Biden. There were 153 negative stories on President Trump.

So clearly we live in an unbalanced media environment and it's only gotten worse since the summer because both Twitter and Facebook have gone in full support of Joe Biden. The interesting thing with Jordan said, Andy, and following up on this is this unrest that could happen, but could you imagine if the court, as it's, as the law stands right now, if it's a state court that changes the date the ballot has to be in, that's okay. If it's a federal court, that's not okay. And of course, then we got to figure out what Justice Barrett did.

It does. But if Justice Barrett were to rule with Roberts on that, it's, I mean, it could happen because I think his opinion was completely wrong. I mean, I'm glad he said the federal courts can't do it, but so all they're going to do is bring these actions in state court. Well, they could, but I think Justice Barrett is going to do a long, because you'd never know.

No, you never know. But I mean, being an originalist, being a textualist that she is being a student of the constitution as she is and the, and based upon what we have heard, and that's all we can go by in her testimony and in the opinions that she has written on the seventh circuit, I think she is going to follow the lead that has been shown by Justice Kavanaugh in his concurring opinion and that, that federal courts can ensure that state courts, state courts do not write, rewrite state election laws. I mean, the Democrats, they love the polls, right?

Think about this. These are states right now where in the real clear politics average, President Trump is doing better than he was doing in 2016 at this date. So six days about. He's doing better in Michigan, Wisconsin, Pennsylvania, Arizona, North Carolina, Florida, and Ohio. Georgia is tighter. Iowa is within one point. Texas is a margin. He's from four points. He had, he was at four plus four in most of the polls.

He's at plus three plus 2.7. And then Nevada, where he's, he was down, I guess he was down two, this now he's down five. But are you talking about those other states? He's still gonna, he's still up in Texas, still up in Georgia. So the only ones we're talking about where he's doing worse than 2016 are two states he didn't win anyways, or didn't win one of them, Nevada and Iowa, again, very close. And not, when you look at his electoral victory, you don't have to have those. So while Biden is up, every one of those states, Biden is leading, by the way. He's at a worse place than Hillary Clinton was. And don't you think, Than, the Biden campaign, the reason they sent out that email we referenced earlier, they know that. They're reading the polls and they're saying, hey, you know, we're in the same position or worse than Hillary Clinton was.

Six, seven points up, eh, that's not great. Right. Than? Yeah, the relevant data points here are comparing it to the 2016 numbers for Hillary Clinton and then, oh, by the way, what actually happened in 2016. So I think the Biden campaign looks at that and has a little bit of trepidation.

And Jordan, I know you said you thought they made the numbers up in the ad and maybe they did, but I, you know, since you've been in this position, actually, one of the questions I wanted to ask you when I saw that, the first thing I thought was that sure looks like a retire the debt ad, just in case I lose, make sure I have a lot more money coming in. I don't know. It looks suspicious to me. Yes, it is very suspicious because why, why, why would you tell people in those three states, Michigan, Arizona, Florida, and yes, you are traveling to some of them, but you're not spending your time, like why would Joe Biden be literally living in Michigan and living in Pennsylvania and living in Arizona? He lives in Delaware. But you may have said, but spending so much time there because he's not the President.

He doesn't have the duties, the responsibilities. So you tell people that, yes, it looks a little bit like we got it. We spent all this money. We've taken all this money in. This is normal in campaign politics.

It's funny that you say that I've got a fundraiser today that is about that. And again, campaigns do that, but I will tell you if his campaign is putting out even that they're down, which isn't like the message you always want to share to your supporters, and it's the scare tactic, which is we are going to lose if you don't vote and donate and give us money. Here's what the, here's what the email said. It says, we've been saying recently that our internal polls are showing a much, much closer race than the media would have you think. The media that they're their friends.

Right. Now we are seeing a few public polls also say that this is going to come down to the wire. Michigan, 47, 46, Trump. Arizona, 48, 44, Trump.

Florida, 48, 46, Trump. Now what they're not saying is that's what their internal polls say. What they're, if you read this carefully, they are saying our internal polls show it much, much closer. And there are some other polls that are out there, public polls that are saying this.

If you read it closely, that's what they're saying. They're not telling you their internal polling. And I, I, I, listen, I think that the internal polling favors, no, favors the Democrats in most of these polls. Like I said, in all these states I'm about to read that President Trump's doing better than he was in 2016, Biden still has a lead in the polls. So if you could actually trust polls, you could, you could, you, you would conclude that you were in a good spot if you were the Biden campaign right now, but, but you can't trust polls. We know that from, from 2016, we know that even going back further, especially 2016, don't rely on polls, never rely on polls.

Don't think a state is out of reach for any candidate. Plus eight doesn't mean much anymore. Plus seven. I mean, that's different than like saying two, three, two, three, you can say, okay, it could go either way. Now, plus eight means it could go either way. So in Michigan, Wisconsin, Pennsylvania, Arizona, North Carolina, Florida, and Ohio right now, Joe Biden is in a worse spot than Hillary Clinton was. That is pretty scary.

If you're the Biden campaign, you have a candidate who can't get more than 20 people out to an event. The other thing that I find interesting about all this, we talked about how the, how the judges are going to come down in Andy's view is he thinks that justice Barrett will more likely go with the Kavanaugh approach. Here's what she said when she, after her confirmation number 33. My fellow Americans, even though we judges don't face elections, we still work for you. It is your constitution that establishes the rule of law and the judicial independence that is so central to it. The oath that I have solemnly taken tonight means at its core that I will do my job without any fear or favor, and that I will do so independently of both the political branches and of my own preferences. Which means Andy, that she does respect, which we know she does the separation of powers, which in a sense is impacting this. Yes, it is. It is impacting it. But I am so pleased with that statement that she made that it is your constitution that establishes the rule of law and judicial independence central to it.

And I think that when it comes down to it, she follows the lead and the concept of constitutional textualism and originalism that justice Kavanaugh enunciated in his concurring opinion in the Wisconsin case. You know, folks, we're going to continue to take your phone calls. David, Josh, Ronald, we're going to get to you right away. I know you've been holding on.

1-800-684-3110. If you've got questions about your state, if you've got a question about voting, if you've got a question about what's happening nationally, I mean, what's interesting, Aaron Goldbranson pointed this out from our team, our radio team here, is that that Real Clear Politics poll of polls includes outlier polls like by the Washington Post that showed that Biden was up 17% in Wisconsin. So they're throwing polls like that in there, which you should actually be throwing those polls in the trash. Only when a society can agree that the most vulnerable and voiceless deserve to be protected is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice to defend the right to life. We've created a free, powerful publication offering a panoramic view of the ACLJ's battle for the unborn.

It's called Mission Life. It will show you how you are personally impacting the pro-life battle through your support. And the publication includes a look at all major ACLJ pro-life cases, how we're fighting for the rights of pro-life activists, the ramifications of Roe v. Wade 40 years later, play on parenthood's role in the abortion industry, and what Obamacare means to the pro-life movement. Discover the many ways your membership with the ACLJ is empowering the right to life.

Request your free copy of Mission Life today online at ACLJ.org slash gift. The challenges facing Americans are substantial at a time when our values, our freedoms, our constitutional rights are under attack. It's more important than ever to stand with the American Center for Law and Justice. For decades now, the ACLJ has been on the front lines protecting your freedoms, defending your rights in courts, in Congress, and in the public arena. And we have an exceptional track record of success.

But here's the bottom line. We could not do our work without your support. We remain committed to protecting your religious and constitutional freedoms.

That remains our top priority, especially now during these challenging times. The American Center for Law and Justice is on your side. If you're already a member, thank you. And if you're not, well, this is the perfect time to stand with us at ACLJ.org, where you can learn more about our life-changing work. Become a member today.

ACLJ.org. When are we going to say who we think is going to win? Are we going to wait till Monday? Yeah, I think we should.

I mean, I think you should wait till the weekend. I think because we are living in a time now where you got riots going on in Pennsylvania. How does that impact it? It depends on how much the media shows it nationwide.

Because, like, let's say, you know, where we are, it says it's not happening. It was on CNN last night. Yeah. So if that's showing up, that's when you start talking about these moms, grandmothers who might not always love the style of the President. But they see that people like Biden kind of promote these. They kind of are okay with this rioting or the rhetoric that they use is kind of anti-police and pro-chaos. And they don't like that. And suddenly they start saying, you know what, I'm not going to, I don't trust this guy to be.

So I got to see a little bit more. I think it's a very tight election. And the early voting, I'd like to see kind of where that kind of finishes. Quickly, Harry, how do you think the rioting on the streets and the looting yesterday, how do you think that plays into the election? Well, I think it has an adverse effect on Joe Biden, clearly. In part, not simply because you have rioting so close to the election date, but because Joe Biden has never taken a strong stand against rioting, arson, et cetera.

That has hit Portland, Oregon, Minneapolis, and other cities, Kenosha, Wisconsin. And where is Joe Biden? Joe Biden is still hung out in his bunker for safety. All right, let's go to the phones.

1-800-684-3110. David in Tennessee on line two. Hey, David, welcome to JCECO Live. Hey, I just wanted to say real quick before I get to my question on the court, another reason Biden may be going to places like Georgia and Texas is that he's trying to clean up the damage he caused to down ballot candidates with his botching the energy sector question in the debate last week. So my question about the court is, you see Justice Roberts trying to thread the needle and split between the state courts and the federal courts. How does that square with his long history of lending credence and being a champion of stare decisis? We've already had a 7-2 opinion in Bush v. Gore.

Now, I know it was 5-4 on the remedy, but it was 7-2. Yeah, I think, look, I don't think you can square it with Bush versus Gore. I mean, that's what Justice Kavanaugh said. There is a distinction between state courts and federal courts, but neither of which are elected by the people to legislate. And the Constitution, Andy, as you correctly pointed out, and as Justice Kavanaugh relied on, has specific parameters set forth on what the states are to do.

And if there's a violation of the Constitution, a federal court or by a state court, of course, the Supreme Court. She applied the same standard or else it's not equal protection. It's not equal justice. Yeah, and I think that's exactly correct.

Let me say one other thing. The idea that you'd have your outcome determinative on an election by whether the litigant decided that you're going to go to federal court or state court on the same issue, when you think about that in John Roberts' opinion, I mean, honestly, with no disrespect to the Chief Justice, it's absurd. That would be terrible to think that you can form choose to get the result that you want. I'll take the exact same question and the exact same issue and I'll go to either the federal court if I'm a Republican or I'll go to the state court if I'm a Democrat. That shouldn't be the case. The results should come out constitutionally significantly similar and not different depending on whether you go to the Superior Court of Appling County or the U.S. District Court for the Southern District of Georgia.

Fanny, we got to get to these calls. Stan, is there any discussions on any of this up in Washington right now? Are people realizing the die is kind of cast?

We'll see where Justice Barrett comes out in the end here. I think mostly the latter, but I think to the extent there is discussion, it's mostly the message that Jordan gave, which is a message directly to voters. Look, whether you agree or disagree with the decision, you've got six days to vote, so you can figure this out. I mean, look, in most places, if you are voting by mail and you had planned to mail it in, you have a drop box that you can drop it off.

If you can't figure that out in six days, then there's probably something wrong. So, I think up here in D.C., elected officials, Jay, their message is mostly to the voters, okay, like the decision, hate the decision, you've got six days, make a plan and go vote. Yeah. All right, Jordan, let's grab these last two calls. All right, let's first go to Ronald in South Carolina on line six.

Ronald, welcome to Jay Sekio Live. Hey, thanks for taking my call. I voted early, and the thing about our state and the election committee in our state is that they treat the mail-in ballots as absentee, so you've got to request them no matter what, so they'll have a valid address to send them out to. And my question is based on what I've heard about the Supreme Court's decision, that I think that the Democrats have painted themselves into a corner because now they have to rush and try and get the word out to say, take your ballot, pass, take it past the post office and go straight to whatever the election center and collection center is and drop it off there and don't take any chance of it being postmarked after the election.

Yeah, Jordan, you said that. They said that they're now saying it's the talking... Yeah, if you listen to secretaries of states from blue states, they're saying basically, especially some of the larger states, big urban population, so you could see the mail having delay problems, is that even if you can still, under the rules, put your ballot in the mail by now, it's postmarked by election day, it's like what they said, and it gets through the postal system by election day. So don't count that if you put it in today that you're even gonna be one of those ballots that we're talking about in court that actually has received by the post office by that date. So you actually need to go and either deliver it in person or in states where you can either decide to deliver it in person or give it to them because you didn't use it and they dispose of it and you can actually go, you can vote at that moment. I would tell people this, if you're in a position health-wise to go and cast an actual ballot in early voting or election day, do that.

Now, if you're not, make sure you understand the mail-in rules or the absentee rules in your state that you get it in the mail by the time you need to, which is probably around now, if not earlier. But if you could go vote in person, go vote in person. COVID is not worth risking who the President of the United States is for the next four years and determining the way the whole world is led. Think about that. Don't let COVID decide who the President of the United States is.

You should decide. I would like to know from our team what states that are the battleground states for tomorrow on radio are counting the mail ballots already, or that they have to be counted by the end of the election day. Right. And then some states, they can't even start opening them until election day.

Yeah, I know. So let's get that broken out only for the battleground states and take the last call. Yeah, Josh and Maine. And Maine is interesting too because you've got ranked choice, you've got three districts. And I know this is an important one. Look at Maine, congressional district two, it can be a very telling place.

Who wins that congressional district on the East Coast can be very important. Hey, Josh, welcome to JCQO Live. Hey guys.

And that's where I live. And we introduced this in 2018 and now we have Jared Golden because of it. So there's been a lot of talk with everybody that I know that this is unconstitutional. We were never asked, we never got to poll on this or vote on it. And there's a lot of people wondering what the repercussions would be if we were to overturn it. Will it be overturned? Would we all have to go back to the ballot box and vote over? I think what's going to happen is, I, you know, I've already gone through one election, Presidential cycle, it's been four years.

So I mean, who, why, why would it be changed now? Again, I think that the constitution leaves it open to the states to, to be, they can. Unique. And Maine is certainly, it's unique to split up your three.

I mean, but that's why you could say that congressional district two is one that you can actually watch to see if President Trump carries that, whether that's a good sign for President Trump. Yeah. So we're going to get, we're going to get more into it. We're getting into the weeds a little bit because you need to understand what's coming in the next, listen, we are five days and about 12 hours from election day or less than that, five, five days and six hours from election day starting.

So folks, it's going to be, it's going to be here before we know it. And we're going to make sure you understand the law and the constitution that'll do it for the broadcast today. For decades now, the ACLJ has been on the front lines, protecting your freedoms, defending your rights in courts, in Congress and in the public arena. The American center for law and justice is on your side. If you're already a member, thank you. And if you're not, well, this is the perfect time to stand with us at ACLJ.org, where you can learn more about our life-changing work, become a member today, ACLJ.org.