BS Summary: This video contains 27 faulty reasoning types, including Overconfidence Bias, Framing Effect, and False Dilemma, with Appeal to Authority as the most egregious example at 25.9% saturation with 181 hits. Analysis detected 1,571 faulty-reasoning hits from 700 analyzed words, generating a BS Score of 58.1% and a BS Rank of 63% (8,112 of 21,887 videos). This video is worse (more manipulative) than 62.90% of the video peer group.
We're deep into primary election season.
The midterms are just five months away.
But even as voters head to the polls,
we're seeing efforts at the state and federal levels to change how the process plays out.
At the Supreme Court, we're awaiting a decision on a Mississippi law in which the state will count mail and ballots that are up to 5 days late as long as they're postmarked by election day.
Opponents say ballots should only be counted if they arrive by election day and not a day later.
President Trump also wants to change the election process through executive order.
He's calling for a federal voter list and wants to limit who can get a mail and ballot.
That order is being challenged in court.
CBS News legal contributor and Lyola Law School professor Jessica Levenson joins me now.
So Jessica, who sets the rules for our elections?
>> This is such a great constitutional law question and this is one of those situations where there is shared power.
What does the constitution tell us?
It tells us that states set the time,
place, and manner of elections.
And if the Constitution ended there, we would have a very different world.
It doesn't.
The next sentence is basically, and it's up to Congress if they want to come in and pass a different law.
So, you just mentioned that Mississippi case.
This really is a question of the battle between the states.
There are a number of states.
I'm speaking to you from California.
You just had a discussion about why it takes so long to count the ballots in California.
Um, there are a number of states that have these grace periods like Mississippi where as long as your ballot is postmarked by election day, it just has to come in with some within some sort of grace period.
But then we have a federal law that says that there's the a Tuesday that is in fact election day.
And so does that conflict with and preempt state law?
that's the question that the Supreme Court is tackling.
But that's the answer to who gets to decide.
It's a little bit the states, but then Congress can come in and say not so fast.
>> So, let's talk more about the Supreme Court's role in determining the meaning of election day.
>> It's a great question.
So, we're going to have this case decided by the end of this month.
I do it will not affect the elections that we're having right now.
And what the court is really looking at is this question of how much leeway that do the states have when it comes to saying you can cast a ballot, but it as long as it is received within a certain amount of days, it will still be considered to be cast on election day.
There's a big discussion in oral arguments about what it really means to have one election day.
And I'll just say I think the Supreme Court is likely to say that in fact these laws with grace periods are not permissible.
Then the real question becomes does that mean that there's something problematic about early voting?
>> Okay. What what about the president and this executive order?
Can he actually change the process?
>> So he cannot actually change the process.
The question is whether or not he can order executive agencies to create, for instance, these lists of citizens and then tell states to use those lists.
There was a hearing this week and what I heard is a federal judge be pretty skeptical of the president in his ability to issue this executive order.
Again, the conversation we had in the beginning says, what does the constitution tell us?
It tells us that states get the first bite at the apple
and then otherwise it's Congress who's not mentioned in this particular power sharing dynamic.
It's the president.
Presidents can do a little bit, but there's a big question as to whether or not a president can issue this type of executive order.
>> Okay, Jessica Levenson, thank you.
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