Elizabeth Warren Says Supreme Court's Wisconsin Decision Undermines Democracy as Polls Show Biden with Strong Lead

Sen. Elizabeth Warren has criticized the Supreme Court's ruling not to allow more time for mail-in ballots in Wisconsin and has also taken aim at the appointment to the judicial body of conservative judge Amy Coney Barrett.

The Massachusetts lawmaker and former Democratic primary contender was reacting to the court's 5-3 ruling against the request by her party to reinstate a six-day extension for the receipt of mail-in ballots in the Badger State, to take into account the delays caused by the coronavirus pandemic.

Democrats fear that the ruling may impact more on those who support former Vice President Joe Biden who are more likely to vote by mail in the battleground state which President Donald Trump narrowly won in 2016.

The liberal Justice Elena Kagan said not allowing extra time threatened to disenfranchise Wisconsin voters and wrote in dissent that "protecting the right to vote in a health crisis outweighs conforming to a deadline created in safer days."

U.S. Senator Elizabeth Warren
Senator Elizabeth Warren at a protest calling for the Senate to delay the Supreme Court confirmation of Amy Coney Barrett on October 22 2020. She says her appointment undermines U.S. democracy. Jemal Countess/Getty Images

However, conservative Justice Brett Kavanaugh said that federal courts should not "rewrite dozens of state election laws around the country."

In condemning the decision, Warren also took the opportunity to criticize the appointment of Barrett who will start next month as the Supreme Court's newest member and who has faced scrutiny over her conservative views on issues like abortion and LGBTQ rights.

"The Supreme Court just OK'd Trump & the GOP's move to make it more difficult for people to vote," she tweeted.

The Supreme Court just OK’d Trump & the GOP’s move to make it more difficult for people to vote. Justice Kagan had to call out Trump's last nominee for parroting his voter suppression talking points. And they’ve just sworn in another justice to undermine our democracy even more. https://t.co/UyoJc7rzXj

— Elizabeth Warren (@SenWarren) October 27, 2020

"Justice Kagan had to call out Trump's last nominee for parroting his voter suppression talking points. And they've just sworn in another justice to undermine our democracy even more," Warren added.

Monday's decision by the Supreme Court was the culmination of legal ping pong which started in September when a federal district judge ruled that Wisconsin mail ballots postmarked by Election Day, November 3, and received up to six days later would be counted because in-person voting posed a coronavirus risk.

However, this was reversed earlier this month by the U.S. Court of Appeals for the 7th Circuit, which reinstated the November 3 due date, prompting the Democratic National Committee to ask the Supreme Court to restore the judge's ruling, The Hill reported.

Polling in Wisconsin puts Biden ahead of Trump by 5.5 percentage points according to Real Clear Politics. Nationally, Biden is well clear of Trump by 9.4 percent, according to FiveThirtyEight's poll tracker.

Meanwhile, Barrett's appointment continues to draw controversy, as the newly sworn in justice tips the conservative scales in the Supreme Court to 6-3.

Democratic presidential contender Joe Biden described her confirmation in an election year as "rushed and unprecedented," and linked it to a move to dismantle the Affordable Care Act, which will be heard following the election.

"The goal of the Republican Party for ten years—was a litmus test in selecting this nominee, regardless of the damage done to the U.S. Senate, to Americans' faith in the legitimacy of the Supreme Court, and to our democracy, and regardless of how the Affordable Care Act has protected hundreds of millions of people before and during the pandemic," Biden said in a statement.

Newsweek has contacted the White House for comment.