Want you to see it, we think its important and its coming up in a few minutes. Now having said that, new data about the state of the race running out for President Trump to change things as joe biden is making leads in the early vote and mail vote and were seeing leads in state polling and hes leading in the spending to reach voters in this key suggest ita biden sweep. Hes up five points in wisconsin. Trump needs to replicate from 16. Biden up in michigan another midwestern state. More striking, in typically red georgia, biden up five points. These leads are beyond the margin of error but only barely. Pollsters see them as real but slim leads. Those are fund mentals. For the rallies on the ground, donald trump finding his visit to omaha is backfiring hundreds of trump fans stranded outside freezing temperatures after the rally all because the campaign messed up unable to use planned buses to get those maga fans back to their warm cars. This is no joke. Authorities found 30 people needed medical attention, seven went to hospitals with hypothermia. Trump talked how cold it was during the event and biden said this is more than a mistake, its an illustration of trumpism. Im standing here freezing. Im all up here and that wind is blowing. Hundreds of people including old americans and children were stranded in subzero freezing temperatures for hours. He gets his photo op and gets out. He leaves everyone else to suffer the consequence of his failure to make a responsible plan. Lets get right to it. Were joined by david plouffe, Barack Obamas 2008 Campaign Manager and juanita. Good to see you both. Juanita, what do you see in that allegory or illustration of trumpism, no shade, no joking but actually putting those voters, those citizens in some medical atenl atentative need. There is no shade that needs to be cast but the evidence is clear. Trump does not care. He swooped in for the photo op like hes done for the entirety of the campaign and leaves you literally out in the cold. Thats representative of the way he has not handled this pandemic and not handled this economic recession or work to meet the needs of American People who have rent due yet again in a few days. So trump and the voters left out there is truly concerning because not only did you subject yourself to to herbal tpotentia contracting covid but potentially being in hype theota conditions. Make sense of it, ari, because it doesnt to me. I hear that. Juanita is someone we rely on for straightforward, real an analys analysis. David is someone we rely on for knowing how campaigns work. I dont want to kick off the show with a big compliment, but are you ready . Sure. We dont know if youre the best in the business, thats opinion but you are the person in the business who had the last democratic victories, and who has the blueprint for what biden wants to do, which is in a sense rebuild or grow the obama biden coalition. So now that were just six days out, i showed some numbers. What you see as positive or replicating the collision, which would be a win or what as a Campaign Manager might still concern you right now . Well, i appreciate the compliment, ari. Bobby kennedy is the best Campaign Manager of all time. That will stand the test of time. Biden has many, many pathways to 270 electoral votes. Thats where you want to be this close to election day. Hes got a bunch of states in the sun belt. Hes got arizona. Hes got, obviously, the upper midwest and the good thing if youre the Biden Campaign, those numbers have stayed steady. Its not like you had a couple of weeks where georgia or texas or iowa looked close and then things restore to the natural order. Hes got real chances in all these states. What were seeing in the early vote, what would still concern me is early vote looks very good so far in terms of democratic turnout. Younger voters turning out. Firsttime voters turning out and frequent voters turning out but that has to continue through the early Voting Period and the big question is do we hit our numbers on election day . Youre going to be nervous until you see real votes getting unpacked. These numbers in georgia i think in texas, you see texas is judged to be the hardest state to turn out tragically. Its also got the strongest turnout in the entire country because something is happening in texas, georgia, i think you see good turnout in florida but florida is always close. From an Electoral College standpoint, these are like your children if youre a Campaign Manager. You love them equally and want them to come home to you but joe bidens campaign can win if a bunch do not come home. He does not have to run the table. It seems now david, if these are your children does that make florida your punk rocker kid, you still love and still want to be part of the family . Because florida can be weirder. It is. I always florida was always my favorite Battle Ground. I love them all. Its a back breaker. If they lose florida, the math is close to impossible and obviously, texas would be a new intern in that discussion. It is a back breaker. Florida is complicated. Its big, its messy. Its expensive. The numbers are there for any democrat to win and we see how close its been really over a generation. So i think joe bidens strength in florida with Senior Citizens and in arizona in particular are the two reasons right now he has to be a sliegght favorite. I feel like the Voter Suppression voters are experiencing whether its long lines or a single ballot drop box in an entire county like we seen in texas. Thats the other thing were keeping an eye on and the signals from the Biden Campaign are take nothing for granted because david is right, they have to sustain themself but be able to safely cast their vote. Were still in a pandemic and turnout day on election day will be revealing. When you see wisconsin, michigan and georgia all with real leads for biden, what does that tell you about the kind of night he can have . Meaning he could then what, lose florida and take p. A. And be fine . Yeah, well, here is michigan has basically, trump has given up in michigan. And wisconsin over the last 60 days has trended more and more towards biden, and obviously, thats the state of all the Battle Ground states thats having the worst covid outbreak. So trumps rallies are really like contributions to the Biden Campaign. If he wins those two states, you know, hes on his way to the presidency. You have pennsylvania, arizona, you have florida, North Carolina in the next year but then youve got georgias numbers are not that different than what youre seeing in arizona, and thats the important thing here is that hes now got eight or nine states that are firmly in play. You might even argue ten. And we see trump is getting out spending all of them and listen, trump is threatening hell do five or six events a day. I mean, i hope he does 500 a day not for the people he gets sick. Hes literally causing people to get sick or die but the images are so damaging to his candidacy this week and when youre behind in a race and every visit you do hurts you, and every interview you do hurts you, whats left . The problem for trump is there is no bag of tricks here to get him out of the deficit he finds himself in but im really excited to see Kamala Harris going to texas. Biden is going g ting to georg. You dont want to take the other states for granted. Ari, listen, this may get really close and maybe biden goes north of 270 if he wins. Thereto is a 350 plus electoral votes and that will be the difference between a couple points nationally between one or the other. Juanita briefly, Kamala Harris in texas is not a head fake. Its not wasting her time. Neither she nor joe biden is interested in wasting her time. To davids point its a home stretch indicator that would be a different kind of night, they must think that texas is still in play. They define it as Battle Ground. Yeah, switching into the tossup column yesterday. Texas is absolutely in play and similar to georgia, the reason why those states are in play right now is the back breaking work that Community Groups and women of color are doing on the ground to organize over the past four years and make sure those states have the structures to even yield even the possibility of a biden win. Yeah. Juanita and david bluff two great experts. The iconic director ava makes her beat debut but right now we turn to the final special report of this election, whats at stake, confronting trumps hate and what i think is the most important thing Everyone Needs to know about this race when were back in 30 seconds. Needs to know about this race when were back in 30 seconds. [sfx typing sound] [sfx typing sound] [sfx typing sound] we are in the home stretch of this president ial campaign and there are arguments what the big issues should be, both have been tackling race. Americas deepest conflict that occupied every president including the recent breakthrough of the first black president. Freedom is not enough. You do not wipe away the scars of centuries. An African American has broken the barrier as old as the republ republic. Race is an issue that i believe this nation cannot afford to ignore right now. We are now in the process of defeating the radical left, the marks, the an anarchists, the agitators, the looters. History has thrust one more urgent task on us, will we be the generation that finally wipes out the stain of racism from our National Character . Americas racial challenge is a huge issue in the trump era. Now that may sound obvious buttist actualbut i its a long ways from the misplaced talk around 2008 that somehow obamas election alone marked an end to racial discrimination. Racial discrimination or racism is basically over in this country. People talk about were post Racial Society as if Barack Obamas election now means racism is over. Americans once hopeful after electing the first African American president , the issue of race would be a thing of the past. I think that racism is going to fade into the remote past. Wrong. American racism does not fade on its own or dissipate after a few breakthroughs, even big ones. Systemic racism wouldnt end in one night. To understand racism is syste c systemically embedded in laws and economy and yes, in our brains, is to understand that it endures by default unless its explicitly uprooted and reformed. That may be why in this trump era, amidst racism and the comfort for White Supremacists and proud boys, amidst this the incident that truly broke through that captured the imagination was not strictly about words or southern statutes. It was about action, a government killing an unarmed black american, a slow lengthy execution of a life, a life legally and morally innocent. A life that pleaded to breathe but was executed in broad daylight before a crowd over an excruciating eight minutes and 46 seconds, it was the taking of that black life, a black life that mattered, and the now fill mi familiar disturbing video. I cant breathe. Your knee is in my neck. I cant breathe. Get up and get in the car, man. I will. Get up and get in the car. I will. I cant move. The horrific footage showing the officer kneeling on George Floyds neck for several minutes, minutes more after he passed out grinding out that killing, sparking a movement, protests rippling across 2,000 cities this year, some lasted for months. Pressure that led to some changes in policy and personnel including a rare murder charge for the officer, but the protests did not halt routine incidents like this. Officers shooting this man seven times in the back as he walked away unarmed. Didnt stop things like the First ResponderBreonna Taylor whom police shot to death in the middle of the night in her own apartment this year. This year forced americans to face realities and see theyre not about some kind of rare exception or just bad apples. Americans reminded this year of other lives that mattered, other innocent black people killed. Walter scott shot to death in the back. Mcelder mcdonald 17 and shot to death with 16 Police Bullets and freddie gray tossed into a van where he died of a neck injury and garner in an erie precursor to the george floyd video that upset so Many Americans. Lynnwood Lambert Police handcuffed and drove to a hospital where he was supposed to get medical care and denied that by police who used tasers 20 times. He died in police custody. Each story about each life may breakthrough than the numbers but here in the news well show the same story. Police kill about 1,000 people a year. The rate continuing at the same pace this year, 804 killings so far. Its the same pace for charges. Before 2016, police could go years in a row without a single murder conviction despite thousands of killings. Thats ticked up slightly in just these killings caught on tape. One officer convicted per year over the past five years in research by phillip stinson. As some americans rush to over estimate how obamas victory might end racism, this year it would be the wrong lesson to assume the scrutiny is curbing the actual deployment of systemic racism. That drove the protests. But numerically, Police Brutality is actually the smallest part of systemic racism. Yes, all those videos that you just saw there about the sliver of the Justice System that just deals with arrests, the first part of any Police Interaction but the majority of the economic and Racial Injustice exists elsewhere. So for example, in america, did you know that most of the people in our jails are innocent . That sounds weird, right . Under the cash bail system if youre rich, youre innocent until Proven Guilty and you prepare for trial at home. If youre not, youre innocent until Proven Guilty but stuck in jail until trial because you cant pay bail. Well, being in jail, those people in our jails are awaiting trial. 90 cant afford bail. The system discrime nates against black americans. Those are numbers. Here is a person. 28yearold sandra bland was pulled over for not using a turn signal, then arrested, then jailed on a 5,000 bond that she couldnt afford. She later died in jail bringing extra scrutiny to her case, but most americans cannot afford these bonds. And the over policing of black americans means they run into this cash problem more often. Thats just bail. Then there is the trial itself. Americans see crime shows where everyone gets their day in court but thats fiction. Most cases never go to trial like that. And you can see why tonight, legally innocent defendants held in jail where they lose their jobs if they have them, no money for bail or a good lawyer. They face huge pressure to plea and most take the deals. Thats unfair to the poor and tilted by race because prosecutors prosecutors and judges sentence them for more time for the same crime especially drug crimes. So black americans remain imprisoned at five times the rate. So those Police Brutality videos are important this year but the most visible shocking part of this much wider system, which is harder to catch on video. Harder to swiftly expose all its cruel catch 22s and raw deals. Now, the iconic film maker documentary 13th shows how slavery is the foundation for mass incarceration. Its with the nixon era and the law and order period when crime begins to stand in for race. The Prison Industrial Complex relies historically on the inheritances of slavery. And in that nixon era, those white house aides for nixon admitted they saw the war on drugs as a way to get the public to associate blacks with heroin to criminalize them and disrupt those communities. From her to the scholar Michelle Alexander to james baldwin, many emphasized these are not new systems. They continue old ones. We are still governed by the slave codes. Now, when i say a slave rebellion, i mean that what is called the Civil Rights Movement was really inter recollection. Everything i told you is a brief tour of racism and criminal justice, which itself is one slice of systemic racism in america. For that i want to go through a top ten list. Number ten, the American Dream of owning a home, most White Americans do. Compared to a minority of black americans. T most whites graduate college, most black americans dont and the racial wealth gap persists apart from education bringing us to White American households with a High School Diploma make 100,000 a year, ten times the wealth of black households with the same exact education. It gets worse. 7 in 10 americans today, i should say 7 on our list of 10, if youre a white person with only a High School Degree in america today, youre going to make more than a black american with a bachelors degree. So when you hear that people should just pull themselves up and get an education and get to work, remember, race kicks in to block fair pay for that progress regardless. Here is another example of how bringing us to number six, statistically Many Employers prefer to hire a white form early convicted criminal over a black app cant with no record and stokes inequities like five, the recession hits everyone but black am docommunities harder ae pandemic pushing more black americans into hunger and driving more black businesses into bankruptcy than other companies all the way to number one right now. All the longterm factors that make black americans twice as likely to die from the coronavirus. So thats a lot to take in. Im going through all of this with you right now in this Campaign Home stretch for a reason. We have to take these things in together because even in the rare times when the u. S. Does try to stand up and face racism, its piecemeal. So mprotesters force a conversation that fixates on police. I showed you tonight Police Brutality is one part of racism injustice which is one part the Justice System of the wider system. And its no accident that the protests are met with fierce crackdowns, trump claims they are about looting or chaos. Its the same playbook, drawn o out the message. Angela davis called out this tendency to muzzle the revolutionary content and remember what i was reporting about the bail system . Note she makes this point, while jailed before a trial where she was later cleared of all charges. The real content of any kind of revolutionary thrust lies in the principles and goals youre striving for, not in the way you reach them. On the other hand, because of the way this society is organized, because of the violence that exists on the surface everywhere, you have to expect that there are going to be such explosions. And much of that violence comes from the state. Many have noted that curbing state violence through even meager historical civil rights measures functions to protect the elite. Every civil rights bill in this country was pasted for white people. Some very, very good friends of mine were killed by bombs. Bombs planted by racists. White people beat our black people every day, dont nobody talk about nonviolence but as soon as black people start to move the double standard comes into being. Thats why when someone asks me about violence, i just, i just find it incredible. Social justice and progress are the absolute gauuarantees o riot prevention. He says its right and good for a safe society. When we face racism, we must face for all the talk about nonviolence in the 60s or now, its of course, violence that took down many black leaders. We all know what happened to malcolm. We all know what happened to martin. The list is long. That is the result of a slave rebellion. Baldwin bringing you back to the prism of a slave rebellion. Now, were almost done with this piece tonight but the last part is key. This history lives on. These same dilemmas about radicalism were tackled by a 34yearold american who had yet to win any political office, recounting why malcolm x inspired him as an even younger man. The section im talking ab t about, im a very angry man. Only malcolm xs auto buying a fee offered something different. We were always playing on the white mans court, the only thing you can choose is withdraw into a smaller and smaller coil of rage until being black meant only the knowledge of your own powerlessness, should you refuse this defeat and lash out at your captors, they would have a name for that, too, a name that could cage you just as good. Like paranoid. Or militant. Or violent. Or [ bleep ]. A 34yearold barack obama wrestling with the depth of americas racism recounting malcolm xs inspiration and explaining why he, obama broke with the militants facing his heritage and seeking a new world. Down the road to selfrespect my own white blood would never reseed into mere abstraction. So i was left to wonder what else i would be severing if and when i left my mother and my grandparents at some uncharted border. And two, if malcolms discovery, his wife, brothers offer some hope of eventual reconciliation, where was the future to populate this world . He took the spirit to the white house and moved a Democratic Party to be clear does not have a universally great record here and rights in the civil rights rare and Many Democrats took steps backwards in fortifying mass incarceration. Democratic politicians dont admit it but there are certainly elections where democrats dont offer enough contrast to end systemic racism but this history is news tonight because this year is not one of those draws. This year is a fundamental reckoning. This year people are rising, a movement is growing, diverse and age and race and diversity and were facing the ultimate contrast confronting racism long before he was in politics, who rode the racist birther lies against barack obama. Just taking the republican who pledged to make bigotry, u. S. Policy. This is what is on the ballot now. So every voter must answer are you for or against this . Lets all hate these people because maybe hate is what we need. The first thing they start shooting is Police Brutality. He was born in kenya and lived in indonesiindonesia. This is official, he was born in hawaii. A lot of people didnt think it was an authentic receivsecer. Knock the crap out of him. Ill pay for the legal fees. Will you condemn david duke . I dont know anything about david duke. Im talking about david duke and the cku klux klan. Hes giving us unfair ruling. Hes not from in my opinion. Hes from indiana. Hes mexican heritage. These thugs being thrown into the back of a patty wagon. I said please dont be too nice. Very fine people on both sides. Why do we want these people from quote all these [ bleep ] countries here . These arent people. These are animals. He asked me if i could female democrat congresswoman foreign born he suggestions should go back to where they came from. Have you heard the president use the n word . Yeah. Proud boys, stand back and stand by. There is a saying, whats understood does not need to be explained. Racists understand exactly what is going on here and so do the anti racists back in civil rights for all people. Maybe some people out there didnt get it. People are busy making a living. People tune out information in the news. Maybe some did not fully understand all this before but even for anyone who had doubts or confusion, its all out in the open in 2020. Consider it explained. Now, what are you going to do about it . Where we go from here, we turn to ava for her beat debut after this break. Atbe debut after this break 5g just got real. Iphone 12 and iphone 12 pro are here on verizon 5g with the coverage of 5g nationwide, and, in more and more cities, the performance of 5g ultra wideband. Get iphone 12 on us when you switch. Only on verizon. Its made for him a veteran who honorably served and its made for her shes serving now we also made usaa for military spouses and their kids become a member. Get an insurance quote today. We started by making the cloud easier to manage. But we didnt stop there. We made a cloud flexible enough to adapt to any size business. No matter what it does, or how it changes. And we kept going. So you only pay for what you use. Because at dell technologies, we stop. At nothing. Becauwill be to get controls, the of the virus will take that has ruined so many lives. What would joe biden do to beat covid . 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Tell your doctor about any infections. And if you are or may become pregnant while taking rinvoq. Take on ra talk to your rheumatologist about rinvoq relief. Rinvoq. Make it your mission. If you cant afford your medicine, abbvie may be able to help. As we assess racism and civil rights this election, we turn to ava duvernay, she was is the first black woman nominated for best director in the Golden Globes and best picture in the oscars and launching a selma learning companion, duvernay produced disneys a wrinkle in time. Its her debut on the beat thanks for being here. Thank you for having me. What are your thoughts on the stakes for racism and civil rights in this election . Oh, gosh, just a small question. [ laughter ] you know, everything is at stake. Everything matters. And so, you know, were in a time right now, i call them strange and important times. These are times that will be long remembered and the question is that i ask myself and colleagues often and strangers often is how you end the last segment, what will you do . And we all have to find a position and chart a course. Those personal stakes, we understand at large what is going on. Anyone watching your program, they understand, and youve done a great job of laying the foundation for anyone who doesnt. But at this point, this is a personal choice. Its a matter of personal imagination, integrity, intention, ideas. We have to kind of put the words into action and so i guess im a little certainly frustrated, but a little exhausted with conversation and really looking for ways we can act. Yeah. Im curious as a film maker because your work is recognized, youre clearly talented at telling these stories through pictures and we know how important that is to people in culture. But the point i was gesturing at that these videos are so important, theyre constructive but the deep racism of the criminal Justice System which your work exposed goes well beyond what i think Many American haves taken from this years protests which is just Police Interactions and that one slice. Oh, sure, i mean, the police are the most visible part of a system that has many tentacles, many move parts. Its a diamond with many sfacet. It not a jewel. Its a disease that cant be solved with one election. This is a generations old deeply engrained system, an atmosphere were within that we dont even understand, part of the air we breathe that we all play a part in it and that we, its not going to be solved in our lifetimes but we can can hopefully be the generation that starts on a road to some consistent transformation and change because this needs to be taken down to the studs and reimagined completely when we talk mass criminalization and mass criminalization and what that means and the police and the most visible part of that. Ideas are powerful because they preshape a lot of the conversation. So by the time you get to the Campaign Debate or the debate on the senate floor, a lot has already been established. And so one of the things that i see in common with your work and Michelle Alex alexander and baldwin and others we noted is whether people understand the idea of how much of this grew out of slavery or not, because that is sort of a precognitive or preconditional frame. I want to play a little bit of the 13th for those at home who may have heard about it or seen part of it. Here is a little bit and well talk on the other side. Black men account for roughly 6. 5 of the u. S. Population. They make up 40. 2 of the prison population. So many aspects of the old jim crow are suddenly legal again once youve been brnandeda felon. So it seems in america, we havent so much ended racial past but simply redesigned it. Do you find that there is a shift that you can measure or see that these ideas are being more main line or under stood now or is it just too early to tell, you do your work and youll see what happens . I think that there is an awareness of the frame work of racism, the fact that, you know, racism is words at this point. There is really no vocabulary to describe i feel like racism is an insufficient word to describe the conditions under which black people have been made to endure. Right . Thats racism is a piece of it. If you look at isabelle wilkerson, she talks about the mechanisms of cast. There are different scholars trying to reach for a new vocabulariry to get us to another plateau of understanding about what this all means and how we all got here. But i think we are at a time where you can have conversations with folks and use some of these ideas and some of this terminology and, you know, i talked to a lot of people. They can spit it right back at me. They can tell me they watched their tv and share with me and how they felt about it but what are you doing . Is this going to be the generation that knows all the words, or is this going to be the generation that acts on what has been learned . And so what i found and whats been a little disconcerting is a lot of talking. So i think, you know, the conversations that im most interested in having and trying to challenge people to have, dont perform the words back at me that you learned at 13. You know what i mean . Dont regurgitate what ari just told you. Dont quote baldwin to me. Read baldwin. Learn. And then act on it. I think thats the piece that we really have to interrogate for ourselves, especially right now on the change of the administration really understanding thats not going to be a fix for everything thats happening, and so what will you do, how will you contribute . How will you take the ideas and act on them and put them into practice . How do you demand they are put into practice. These are things we have to think about. I think if i liken this election or liken people watching selma or 13th to anything, people that watched 13th which is a 100minute documentary and feel like i got it, im clear, racism, copy that. Got it. You know . Its like really . Thats it . Its just watching it and you feel like you got it . And the most unfortunate thing about having made 13th or or see it or selma i realize im speaking to someone that deeply felt the work they saw and they feel like thats enough to feel it and keep going and not catti and i cant decide what doing something is, you have to decide what youre going to do. Thats the question you posed, what will you do . Yeah, and its really interesting hearing you explain that, as well, because in story telling and politics, everyone feels better with a resolution. Thats why we like happy endings. So if the resolution is oh, i understand this now and can sound better at whatever social gathering, thats not the goal. That might make you slightly less objectionable than having the wrong idea but i take your point and imagine, i hope, many viewers and listers do as well. This is a busy time for you. I hope you come back again speaking as an interviewer and fan, ava. Thank you so much. Look forward to it and i hope we can go and download our selma learning guide. This is where we take the film and try to, you know, view people with a sense of action. Dont just watch the movie, do something. Right. Thats great. As you mentioned, we mentioned on the lead and put that up, as well, folks following, because thats something people can do. The learning companion on your screen for selma at home with kids, peers, anyone. Again, our thanks to ava duvernay for joining us. Thank you. Up ahead, a new Supreme Court ruling involves counting ballots could impact the race if its close. The top Supreme Court lawyer from the Obama Administration is with us next. Obama administrats th us next Nonvalvular Afib can mean a lifetime of blood thinners. And if youre troubled by falls and bleeds, worry follows you everywhere. Over 100,000 people have left blood thinners behind with watchman. Its a onetime, minimally invasive procedure that reduces stroke risk and bleeding worryfor life. Watchman. Its one time. For a lifetime. However, there is one thing you can be certain of. The men and woman of the United States postal service. We are here to deliver your cards, packages and prescriptions. And also deliver the peace of mind knowing that whats important to youlike your ballotis on its way. Every day, all across america, we deliver for you. And we always will. I got it all from you im always pushing through i know well make it to the finish line i know youre waiting on the other side im like you ondemand glucose monitoring. Because theyre always on. Another lifechanging technology from abbott. So you dont wait for life. You live it. Some legal and campaign news. Officials in the state of wisconsin trying to get votes returned because a new deadline from the Supreme Court that says ballots must arrive by election day to be counted. Right now there are 287,000 mail in ballots in the state out there that would now have to be returned by tuesday. We are joined by the perfect guest, former acting u. S. Attorney general with a piece in the New York Times warning about many of these issues and whether or not the Supreme Court is getting too involved in state election law. Good to see you, neal. Break it down for us. Good to see you. So wisconsin is a big state and so obviously, the decision the supreme rendered on monday is important for that reason but much more fundamental. Who decides erection dlection d. If its a state decision, a matter of state law decided by the state Supreme Court. Vice versa. If its a federal piece of law, then the federal u. S. Supreme Court Decides that and over 90 of law in america is done at the state level and state courts control it. Thats the most fund mental limit on what the u. S. Supreme court can do. On monday with the Supreme Court did is say oh, no, with respect to wisconsin, we are going to assert the power to trump or to succeed state law and say this is what the state law means and requires. So what that means practically, you have all these decisions were reading about now in state court saying you got to extend the ballot deadline as long as postmarked by tuesday, the ballot can come in days later like the wisconsin courts did and what the u. S. Supreme court is saying or at least what some justices are saying in an opinion by justice kavanaugh, no, we get to decide that. There is only one time ever any justice suggested that, bush versus gore in 2000. Three justices said so, not even a majority and nobody bought it since. And then in a different state, you have news in pennsylvania where it would appear what Justice Barrett joined the court, shes not participating. Shes brandnew. That broke today. That happened an hour ago. Pennsylvania said the pennsylvania Supreme Court said the constitution has a guarantee of quote free and equal voting and so what they said that meant in an age of coronavirus and post office delays is that as long as you mail your ballot by tuesday, if it comes in by friday, its going to count. The republicans tried last week to bring that to the u. S. Supreme court. U. S. Supreme court rejected it. They then tried again with Justice Barrett on the court and rejected it again an hour ago but Justice Barrett said shes recused and three justices wrote an opinion, not kavanaugh this time but saying this bush versus gore idea, we get to over rule states on state Supreme Courts is right. And they ominously said were turning away the pennsylvania request right now but right after the election, we can come back in and decide in favor of the pennsylvania republicans. You walked us through it and its helpful. Laying groundwork to say weve always said we can do this, as you explained. Thats understand usual and if a state says they want to take a few days to count lawfully submitted ballots, that would sound legally extreme. Well keep an eye on all of it. Neal may or may not be busy next week whether were in the law, depends on perhaps the margins. You can find more neal on opening arguments for this and other breakdowns. When we come back, we have an unusual election video that includes Elizabeth Warren and Pete Buttigieg. Warren and Pete Buttigieg sion tech. Find a stock based on your interests or whats trending. Get realtime insights in your customized view of the market. Its smarter Trading Technology for smarter trading decisions. Fidelity. Im a peer educator,. A fitness buff,. And a champion for my own health. I talked with my doctor. And switched to. Fewer medicines with. Dovato. Prescription dovato is for some adults who are starting hiv1 treatment or replacing their current hiv1 regimen. With. Just 2 medicines. 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The former Homeland Security official who enraged donald trump on publishing his 2018 New York Times oped calling trump impetuous, adversarial, petty and ineffective. But first, there are now just six days left for america to decide who will lead our country for the next four years. Now at a breaking point and desperate for progress on the economy, Race Relations and a coronavirus a coronavirus kras that has taken more than 228,000 lives and infected millions more. In the face of these