cnbc--2020-11-01--How President Donald Trump got to Election Day in a turbulent 2020

For President Donald Trump , the year leading to Election Day was even more turbulent than the first three years of his tenure : an impeachment trial , racial unrest that unsettled an already tense nation , and a killer microbe that claimed more than 225,000 lives in the U.S. and crushed the economy .
In a stunning post-midnight tweet 32 days before the election , the 74-year-old Trump announced that he , too , had become infected with the coronavirus , as did first lady Melania Trump .
`` We will get through this TOGETHER ! ''
he said @ @ @ @ @ @ @ had faced off against Democrat Joe Biden in the first presidential debate of the campaign .
Both men , maskless , stood at lecterns more than 6 feet apart during the verbal brawl , in which Trump ridiculed the 77-year-old former vice president for wearing `` the biggest mask I have ever seen . ''
Trump survived the infection and came back to argue his case for reelection , debating Biden a second time and traveling to battleground states around the country to rally supporters despite a surge in Covid-19 cases .
For @ @ @ @ @ @ @ see : How Joe Biden got to the threshold of the presidency One week before the election , he prevailed in his appointment of conservative Amy Coney Barrett to succeed the late liberal icon Ruth Bader Ginsburg on the Supreme Court .
It was Trump 's third Supreme Court selection , the most for any first-term president since Richard Nixon , and it appeared to solidify the court 's conservative majority — 6-3 .
The inquiry focused on his request to Ukraine 's newly elected president to investigate Biden 's actions in that @ @ @ @ @ @ @ that it was Ukraine , not Russia , that had interfered in the 2016 U.S. election at the behest of Democrats .
Trump 's July 25 , 2019 , phone call , in which he asked Ukrainian President Volodymyr Zelenskiy to `` do us a favor '' and order a corruption probe of Biden and Biden 's son Hunter , was made one day after Mueller finally broke his silence by testifying in Congress about his 22-month Russia probe .
Trump 's leverage was his balking on Zelenskiy 's request for a face-to-face @ @ @ @ @ @ @ 400 million in congressionally mandated military aid to Ukraine , which was fighting a war against Russian surrogates .
After a whistleblower brought the phone call to light , House Speaker Nancy Pelosi approved the impeachment inquiry .
Nearly three months later , the House voted along party lines on Dec. 18 to charge Trump with high crimes and misdemeanors , approving two articles of impeachment : abuse of power and obstruction of Congress for stonewalling the House investigation .
With the Republicans ' 53-47 control of the Senate , the impeachment trial @ @ @ @ @ @ @ surprise of the Feb. 5 vote was that one Republican senator — Mitt Romney of Utah — broke ranks to vote to convict Trump on one count , abuse of power .
All the other Republicans voted to acquit and all the Democrats voted to convict .
But in spring 2020 , states began to lock down their economies in an effort to flatten the rise in coronavirus cases .
The shutdowns led to the loss of tens of millions of jobs and wiped out the Trump market gains .
Months later , @ @ @ @ @ @ @ record highs , then turned south in the week before the election .
The mysterious infection emerged in Wuhan , China , on New Year 's Eve .
As the virus spread from China , Trump initially played down the risks .
A day after the first U.S. case was announced on Jan. 21 , CNBC 's Joe Kernen asked Trump whether he was worried about it spreading to the United States .
`` No , not at all , '' Trump replied during the interview at the World Economic Forum in Davos @ @ @ @ @ @ @ it totally under control .
It 's one person coming in from China , and we have it under control .
It 's going to be just fine . ''
He conducted indoor political rallies in Tulsa , Oklahoma , in June and Las Vegas in September , despite warnings that the virus was more likely to spread indoors than outside .
A prominent supporter who attended the Tulsa rally , Herman Cain , died of Covid weeks later .
On Oct. 1 , the day that one of Trump 's closest aides @ @ @ @ @ @ @ was infected , the president traveled from Washington to meet with GOP donors in a fundraiser at his country club in Bedminster , New Jersey .
Hours later , he announced that he and the first lady tested positive for Covid .
Their 14-year-old son , Barron , also was infected .
Several other White House officials also tested positive .
It appeared that Trump 's introduction of Barrett as his Supreme Court nominee in the Rose Garden on Sept. 26 became a super-spreading event and helped turned the White House into a @ @ @ @ @ @ @ broke 150,000 in late June , Trump was pressed by Axios ' Jonathan Swan about the death toll .
`` They are dying , that 's true .
And you have — it is what it is , '' Trump replied .
`` But that does n't mean we are n't doing everything we can .
It 's under control as much as you can control it .
This is a horrible plague . ''
Three months later , the U.S. death toll broke 200,000 among more than 7 million cases , the @ @ @ @ @ @ @ , according to data compiled by Johns Hopkins University .
And just nine days before the election and 25,000 more U.S. deaths , White House chief of staff Mark Meadows acknowledged on CNN : `` We 're not going to control the pandemic .
We are going to control the fact that we get vaccines , therapeutics and other mitigations . ''
Trump himself had earlier encounters with coronavirus : At his Mar-a-Lago resort in March 2020 , he stood next to a Brazilian official who later tested positive .
Weeks later , @ @ @ @ @ @ @ served his food , also tested positive .
Trump 's tests were negative .
In May , Trump said he started to take a daily dose of hydroxychloroquine as a preventive measure against the virus .
Without conclusive evidence , he had previously promoted the anti-malaria drug as a game changer .
The Food and Drug Administration had warned that the medication could cause serious heart problems , and experts said its effectiveness against Covid was unproven .
After the president became infected , he was given an 8 gram dose of Regeneron @ @ @ @ @ @ @ taking zinc , vitamin D , famotidine , melatonin and a daily aspirin , according to his physician , Dr. Sean Conley .
Two days after he was hospitalized , he briefly left Walter Reed to wave to supporters outside while driving by in an SUV driven by Secret Service agents .
The following day , he was discharged and flew back on Marine One to the White House , where he removed his mask and recorded a video .
`` Do n't let [ the virus ] dominate you .
Do n't @ @ @ @ @ @ @ n't let it take over your lives , '' he urged Americans .
A month later , he dispatched federal forces in Portland , Oregon , to block protesters at the U.S .
Courthouse .
The forces , using unmarked cars and wearing unidentified camouflage uniforms , were deployed despite opposition from the mayor of Portland and the governor of Oregon , both Democrats .
While appearing at one demonstration , Mayor Ted Wheeler was among those tear-gassed .
Trump threatened to deploy the troops in other cities with `` liberal Democrats '' @ @ @ @ @ @ @ , Philadelphia , Detroit , Baltimore and Oakland , California .
`` We 're sending law enforcement , '' Trump said .
`` We ca n't let this happen to the cities . ''
Amid the convergence of plague and protests , Trump went to war against the post office — specifically voting by mail .
Some states had allowed voters to mail in their ballots for years , and election officials were looking for a safe way to avoid crowded polling places , where the virus could spread .
To Trump , @ @ @ @ @ @ @ in history . ''
While making his attacks , he himself voted by mail in Florida 's August 2020 primary , as he did in the state 's presidential preference vote five months earlier .
Then in early September , he suggested in North Carolina that voters cast ballots by mail and in person to test the system , even though multiple voting is a crime .
`` So let them send it in and let them go vote , and if their system 's as good as they say it is , @ @ @ @ @ @ @ to vote .
If it is n't tabulated , they 'll be able to vote , '' Trump said .
Weeks later , Trump was asked if he would abide by a peaceful transfer of power if he lost to Biden .
`` Well , we 'll have to see what happens , '' he responded .
`` You know that .
I 've been complaining very strongly about the ballots .
And the ballots are a disaster .
... Get rid of the ballots , and you 'll have a very — @ @ @ @ @ @ @ there wo n't be a transfer , frankly , there 'll be a continuation . ''


cnbc--2020-11-02--Total 2020 election spending to hit nearly $14 billion, more than double 2016's sum

Spending in the 2020 election was already on track to break a record .
Now , the total is poised @ @ @ @ @ the initially projected $ 10.8 billion .
The amount spent on both the presidential and @ @ @ @ @ $ 14 billion , according to the nonpartisan Center for Responsive Politics .
That is @ @ @ @ @ spent in the 2016 election , according to an updated CRP report .
This election @ @ @ @ @ spending than the previous two presidential election cycles combined .
By Election Day , next @ @ @ @ @ is expected to end up seeing $ 6.6 billion in total spending , while congressional @ @ @ @ @ with just over $ 7 billion .
Democrats have nearly doubled the spending by Republican @ @ @ @ @ ballot .
Democratic contenders are going into the final week of the election spending $ @ @ @ @ @ put in $ 3.8 billion into the 2020 fight .

Spending in the 2020 election was already on track to break a record. Now, the total is poised to be even bigger than the initially projected $10.8 billion.
The amount spent on both the presidential and congressional campaigns will hit nearly $14 billion, according to the nonpartisan Center for Responsive Politics.
That is more than double what was spent in the 2016 election, according to an updated CRP report. This election will end up with more spending than the previous two presidential election cycles combined.
By Election Day, next Tuesday, the presidential campaign is expected to end up seeing $6.6 billion in total spending, while congressional races are anticipated to finish with just over $7 billion.
Democrats have nearly doubled the spending by Republican candidates up and down the ballot. Democratic contenders are going into the final week of the election spending $6.9 billion while Republicans have put in $3.8 billion into the 2020 fight.


cnbc--2020-11-03--Trump targets adversaries in his final pitch, while Biden focuses on Covid-19

WASHINGTON – For President Donald Trump 's campaign , election eve this year looks , in many ways , a lot like it did four years ago .
On that Monday , Nov. 7 , 2016 Trump barnstormed through five states , Florida , North Carolina , Pennsylvania , New Hampshire , and Michigan , where thousands of red-hatted supporters stood in line for hours to wave Make America Great Again signs .
On Monday , Trump again held rallies in North Carolina , Pennsylvania , and Wisconsin , then was set to hold two rallies Monday night in Michigan @ @ @ @ @ @ @ and the signs have n't changed , Trump 's closing pitch to voters this year bears little resemblance to the final stump speeches of his first successful campaign for president .
The economic populism that fueled Trump 's meteoric rise to the presidency is all but gone this time around .
His speeches contain barely any mention of the issues that won over voters in 2016 : Bringing back manufacturing jobs , cutting taxes , striking better trade deals and ending foreign wars .
Instead , Trump 's closing argument this year amounts @ @ @ @ @ @ @ grievances against government agencies , courts , voting laws , individual journalists and TV hosts , pollsters , tech companies , medical experts and so on .
At his rallies on Monday afternoon , Trump drew up an enemies list that included the Supreme Court , CNN , Fox News polling , Twitter , the experts running the FDA 's vaccine approval process , former special counsel Robert Mueller and people who do n't give him credit for all the coronavirus pandemic deaths he claims America avoided because of federal actions .
Trailing @ @ @ @ @ @ @ into his tendency to portray himself as a victim , expanding what used to be short riffs within his standard stump speeches so that now they occupy large swaths of his speech .
`` The only way to convince people that you 're not a loser is to convince them that you 're a victim , '' Amanda Carpenter , a former communications director for GOP Sen. Ted Cruz , recently told The New York Times .
`` Having something be rigged against him is the ultimate ego protector , because he never @ @ @ @ @ @ @ '' CNBC reached out to the Trump campaign about the increasingly personal tone of Trump 's stump speech , but they did not immediately respond to a request for comment .
The other piece of Trump 's closing argument , his attacks on Democratic presidential nominee Joe Biden , are growing increasingly apocalyptic .
He told supporters in Pennsylvania that Biden `` will totally destroy Pennsylvania '' and that he will turn America into Venezuela .
`` Joe Biden is a globalist who spent 47 years outsourcing your jobs , opening your borders @ @ @ @ @ @ @ ridiculous , endless foreign wars most of you have never even heard of , '' Trump said .
While polls show Biden leading both nationally and across many of the key swing states , surveys have shown the race tightening this week , as Trump has embarked upon a frenetic daily schedule of up to five rallies a day .
The rallies have drawn huge crowds , reminiscent of 2016 , irrespective of the ongoing coronavirus pandemic that has upended American life .
But while the pandemic seemed like an afterthought at Trump @ @ @ @ @ @ @ Monday , for Biden it was front and center .
The former vice president 's final day of campaigning included stops in Ohio and then Pennsylvania , where he delivered a message that has changed very little in the past three months .
The central point of Biden 's 11th hour pitch to voters remains that Trump has not and will not take the necessary steps to control on a coronavirus pandemic , which has claimed more than 230,000 American lives this year .
`` Donald Trump waved the white flag of surrender @ @ @ @ @ @ @ at a campaign stop in Cleveland on Monday .
`` I 'm never gon na raise the white flag of surrender .
We 're gon na beat this virus and we 're gon na get it under control , I promise you .
But the first step to beating the virus is beating Donald Trump . ''
Biden also emphasized national unity and an end to the hyper-partisanship that has characterized much of Trump 's time in office .
`` The only thing that can tear America apart is America itself , '' @ @ @ @ @ @ @ during the second leg of his travel Monday .
`` That 's exactly what Donald Trump has been doing from the beginning of his campaign : Dividing America .
Pitting Americans against one another based on race , gender , ethnicity , national origin .
That 's wrong .
That 's not who we are . ''
Biden also made another pitch to a key group of voters whose defection from the Democratic Party in 2016 is widely seen as the biggest single factor in Trump 's victory : White , working class @ @ @ @ @ @ @ Trump has dropped many of his most populist economic messages , Biden has added them to his own pitch , part of a clear effort to win back the 2016 defectors .
`` I grew up around guys like Donald Trump , '' Biden said Monday in Cleveland .
`` I grew up in neighborhoods like probably many of you did , working class neighborhoods , where most people did n't have a college education .
But we had guys like Trump that we used to play against when we played ball ... @ @ @ @ @ @ @ we did n't , they would look down their noses on us . ''
But on the eve of Election Day , the question of whether or not Biden and the Democrats can win back these middle-class , economy-focused voters is still very much up in the air .
Polling averages show Biden in a dead heat with Trump in Ohio , leading by around 5 points in Pennsylvania and leading by more than 5 points in Michigan .
All three states are viewed by both the Biden and Trump campaigns as crucial @ @

US President Donald Trump arrives for a Make America Great Again rally at Fayetteville Regional Airport November 2, 2020, in Fayetteville, North Carolina. Brendan Smialowski | AFP | Getty Images
WASHINGTON — For President Donald Trump's campaign, election eve this year looks, in many ways, a lot like it did four years ago. On that Monday, Nov. 7, 2016, Trump barnstormed through five states, Florida, North Carolina, Pennsylvania, New Hampshire and Michigan, where thousands of red-hatted supporters stood in line for hours to wave Make America Great Again signs. On Monday, Trump again held rallies in North Carolina, Pennsylvania and Wisconsin, then was set to hold two rallies Monday night in Michigan. But while the photos look similar and the signs haven't changed, Trump's closing pitch to voters this year bears little resemblance to the final stump speeches of his first successful campaign for president.
Trump's grievances
The economic populism that fueled Trump's meteoric rise to the presidency is all but gone this time around. His speeches contain barely any mention of the issues that won over voters in 2016: Bringing back manufacturing jobs, cutting taxes, striking better trade deals and ending foreign wars. Instead, Trump's closing argument this year amounts to a laundry list of his personal grievances against government agencies, courts, voting laws, individual journalists and TV hosts, pollsters, tech companies, medical experts and so on. At his rallies on Monday afternoon, Trump drew up an enemies list that included the Supreme Court, CNN, Fox News polling, Twitter, the experts running the FDA's vaccine approval process, former special counsel Robert Mueller and people who don't give him credit for all the coronavirus pandemic deaths he claims America avoided because of federal actions. Trailing in the polls, Trump has leaned into his tendency to portray himself as a victim, expanding what used to be short riffs within his standard stump speeches so that now they occupy large swaths of his speech. "The only way to convince people that you're not a loser is to convince them that you're a victim," Amanda Carpenter, a former communications director for GOP Sen. Ted Cruz, recently told The New York Times. "Having something be rigged against him is the ultimate ego protector, because he never has to admit that he lost." CNBC reached out to the Trump campaign about the increasingly personal tone of Trump's stump speech, but they did not immediately respond to a request for comment. The other piece of Trump's closing argument, his attacks on Democratic presidential nominee Joe Biden, are growing increasingly apocalyptic. He told supporters in Pennsylvania that Biden "will totally destroy Pennsylvania" and that he will turn America into Venezuela. "Joe Biden is a globalist who spent 47 years outsourcing your jobs, opening your borders and sacrificing American blood and treasure on ridiculous, endless foreign wars most of you have never even heard of," Trump said. While polls show Biden leading both nationally and across many of the key swing states, surveys have shown the race tightening this week, as Trump has embarked upon a frenetic daily schedule of up to five rallies a day. The rallies have drawn huge crowds, reminiscent of 2016, irrespective of the ongoing coronavirus pandemic that has upended American life. But while the pandemic seemed like an afterthought at Trump's packed and largely mask-free rallies on Monday, for Biden it was front and center.
Biden stays on message
The former vice president's final day of campaigning included stops in Ohio and then Pennsylvania, where he delivered a message that has changed very little in the past three months. The central point of Biden's 11th-hour pitch to voters remains that Trump has not and will not take the necessary steps to control the coronavirus pandemic, which has claimed more than 230,000 American lives this year. "Donald Trump waved the white flag of surrender to this virus," Biden said at a campaign stop in Cleveland on Monday. "I'm never gonna raise the white flag of surrender. We're gonna beat this virus, and we're gonna get it under control, I promise you. But the first step to beating the virus is beating Donald Trump." Biden also emphasized national unity and an end to the hyper-partisanship that has characterized much of Trump's time in office.
Democratic U.S. presidential nominee and former Vice President Joe Biden speaks at the Get Out The Vote event in Cleveland, Ohio, U.S., November 2, 2020. Kevin Lemarque | Reuters


cnbc--2020-11-03--Biden narrowly leads Trump in six swing states before Election Day, poll shows

Democratic presidential nominee Joe Biden holds narrow leads over President Donald Trump in six states the president aims to defend Tuesday in his bid for a second term , according to a new CNBC/Change Research poll .
The survey released Monday finds the former vice president holding at least a slim edge in all of Arizona , Florida , Michigan , North Carolina , Pennsylvania and Wisconsin , all of which Trump won in 2016 .
Even so , it shows a race within striking distance for the president in most of those electoral college prizes .
The swing-state poll @ @ @ @ @ @ @ and has a margin of error of plus or minus 1.7 percentage points .
The national survey , taken over the same time frame , has a sample size of 1,880 likely voters with a margin of error of plus or minus 2.26 percentage points .
The polls in the final stretch before Election Day show a clear , but by no means insurmountable , advantage for Biden in the race for the White House .
While contests in Arizona , Florida , North Carolina and Pennsylvania appear close , Trump has more @ @ @ @ @ @ @ Wisconsin , two long blue states that helped to propel him to the White House in 2016 .
It is unclear how much any late shifts in voter sentiment will change the presidential race this year .
In an election where Americans cast their ballots early or by mail in staggering numbers , 68 % of respondents to both the national and swing-state surveys said they had already voted .
In Arizona , 85 % of respondents said they already voted , while 82 % and 81 % of likely voters in Florida @ @ @ @ @ @ @ the same .
Meanwhile , 63 % and 57 % of Wisconsin and Michigan voters , respectively , said they had cast ballots .
In Pennsylvania — which could take days to count mail-in votes — only 40 % of respondents said they had voted .
Meanwhile , the battleground-state poll shows Democrats leading close races for three pivotal Senate seats .
The party winning all of the elections in Arizona , Michigan and North Carolina would go a long way toward it gaining control of the Senate .
Republicans currently hold a @ @ @ @ @ @ @ election , Democratic former astronaut Mark Kelly leads Republican Sen. Martha McSally by a 51 % to 47 % margin .
Michigan 's Democratic Sen. Gary Peters holds a 51 % to 46 % edge over GOP Army veteran and businessman John James .
In North Carolina , Democratic former state Sen. Cal Cunningham leads Republican Sen. Thom Tillis by a 50 % to 46 % margin .
The CNBC/Change Research polls have found a consistent but small lead for Cunningham throughout the race , even after confirmation of the Democrat 's romantic @ @ @ @ @ @ @ his wife .
The polls suggest Trump 's performance during his first term , particularly in handling the coronavirus pandemic that has led to more than 230,000 American deaths , hampered him in key states .
In the six swing states , 46 % of likely voters said they approve of how Trump is handling the virus , versus 54 % who disapprove .
Nationally , only 41 % of respondents said they approve of how the president is managing the outbreak , versus 59 % who said they disapprove .
At the @ @ @ @ @ @ @ in the battleground states said they prefer Biden and Democrats to handle coronavirus , versus 47 % who chose Trump and Republicans .
Nationally , 58 % said they would choose Biden and his party to manage the outbreak , while 42 % picked the president and his party .
Trump got better marks on the economy : 51 % of respondents in the swing states and 46 % nationally said they approved of how he is handling the issue .
The economy and coronavirus appeared to be the defining issues for poll @ @ @ @ @ @ @ Day when voters were asked to name the three most important topics facing the country .
In the swing-state survey , 48 % chose the economy , jobs and cost of living , while 41 % picked Covid-19 .
The next biggest concern was political corruption , which 34 % of voters chose .
Nationally , 44 % of voters chose Covid-19 , followed by the economy , jobs and cost of living at 43 % aand political corruption at 31 % .
The data signal Biden 's lead has a lot to @ @ @ @ @ @ @ White House .
More than half , or 54 % , of swing-state Biden voters said they are primarily voting against Trump , while 46 % said they are largely voting for the former vice president .
The motivation differs among Trump supporters .
More than eight-in-10 , or 84 % , said they are mostly voting for Trump , while 16 % answered they are voting against Biden .

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Democratic presidential nominee Joe Biden holds narrow leads over President Donald Trump in six states the president aims to defend Tuesday in his bid for a second term, according to a new CNBC/Change Research poll. The survey released Monday finds the former vice president holding at least a slim edge in all of Arizona, Florida, Michigan, North Carolina, Pennsylvania and Wisconsin, all of which Trump won in 2016. Even so, it shows a race within striking distance for the president in most of those electoral college prizes. All six swing states: Biden 50%, Trump 46%
Biden 50%, Trump 46% Arizona: Biden 50%, Trump 47%
Biden 50%, Trump 47% Florida: Biden 51%, Trump 48%
Biden 51%, Trump 48% Michigan: Biden 51%, Trump 44%
Biden 51%, Trump 44% North Carolina: Biden 49%, Trump 47%
Biden 49%, Trump 47% Pennsylvania: Biden 50%, Trump 46%
Biden 50%, Trump 46% Wisconsin: Biden 53%, Trump 45%
Zoom In Icon Arrows pointing outwards
A separate national CNBC/Change Research poll shows Biden leading Trump by a 52% to 42% margin. The swing-state poll surveyed 3,328 people from Thursday to Sunday and has a margin of error of plus or minus 1.7 percentage points. The national survey, taken over the same time frame, has a sample size of 1,880 likely voters with a margin of error of plus or minus 2.26 percentage points. The polls in the final stretch before Election Day show a clear, but by no means insurmountable, advantage for Biden in the race for the White House. While contests in Arizona, Florida, North Carolina and Pennsylvania appear close, Trump has more ground to make up in Michigan and Wisconsin, two long blue states that helped to propel him to the White House in 2016.
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It is unclear how much any late shifts in voter sentiment will change the presidential race this year. In an election where Americans cast their ballots early or by mail in staggering numbers, 68% of respondents to both the national and swing-state surveys said they had already voted. In Arizona, 85% of respondents said they already voted, while 82% and 81% of likely voters in Florida and North Carolina, respectively, said the same. Meanwhile, 63% and 57% of Wisconsin and Michigan voters, respectively, said they had cast ballots. In Pennsylvania — which could take days to count mail-in votes — only 40% of respondents said they had voted. Meanwhile, the battleground-state poll shows Democrats leading close races for three pivotal Senate seats. The party winning all of the elections in Arizona, Michigan and North Carolina would go a long way toward it gaining control of the Senate. Republicans currently hold a 53-47 majority.
Zoom In Icon Arrows pointing outwards
In Arizona's special election, Democratic former astronaut Mark Kelly leads Republican Sen. Martha McSally by a 51% to 47% margin. Michigan's Democratic Sen. Gary Peters holds a 51% to 46% edge over GOP Army veteran and businessman John James. In North Carolina, Democratic former state Sen. Cal Cunningham leads Republican Sen. Thom Tillis by a 50% to 46% margin. The CNBC/Change Research polls have found a consistent but small lead for Cunningham throughout the race, even after confirmation of the Democrat's romantic relationship with a woman who is not his wife. The polls suggest Trump's performance during his first term, particularly in handling the coronavirus pandemic that has led to more than 230,000 American deaths, hampered him in key states. In the six swing states, 46% of likely voters said they approve of how Trump is handling the virus, versus 54% who disapprove. Nationally, only 41% of respondents said they approve of how the president is managing the outbreak, versus 59% who said they disapprove. At the same time, 53% of voters in the battleground states said they prefer Biden and Democrats to handle coronavirus, versus 47% who chose Trump and Republicans. Nationally, 58% said they would choose Biden and his party to manage the outbreak, while 42% picked the president and his party. Trump got better marks on the economy: 51% of respondents in the swing states and 46% nationally said they approved of how he is handling the issue. The economy and coronavirus appeared to be the defining issues for poll respondents in the final stretch before Election Day when voters were asked to name the three most important topics facing the country. In the swing-state survey, 48% chose the economy, jobs and cost of living, while 41% picked Covid-19. The next biggest concern was political corruption, which 34% of voters chose. Nationally, 44% of voters chose Covid-19, followed by the economy, jobs and cost of living at 43% aand political corruption at 31%. The data signal Biden's lead has a lot to do with the current occupant of the White House. More than half, or 54%, of swing-state Biden voters said they are primarily voting against Trump, while 46% said they are largely voting for the former vice president. The motivation differs among Trump supporters. More than eight-in-10, or 84%, said they are mostly voting for Trump, while 16% answered they are voting against Biden. — Graphics by CNBC's Nate Rattner


cnbc--2020-11-03--More Americans approve of Fauci's handling of coronavirus than Trump's, new poll finds

Anthony Fauci , director of the National Institute of Allergy and Infectious Diseases , speaks during a House Select Subcommittee on the Coronavirus Crisis hearing in Washington , D.C. Nationwide , 72 % of likely voters said they approve of the job Fauci is doing in handling the outbreak and only 28 % disapprove , the poll found .
At the same time , only 41 % of respondents said they approve of how Trump is managing the virus , versus 59 % who disapprove .
American voters overwhelmingly approve of how the country 's top infectious diseases expert , @ @ @ @ @ @ @ coronavirus pandemic , according to a new CNBC/Change Research poll .
In six battleground states , 66 % of voters answered that they approve of how Fauci is handling Covid-19 , versus 34 % who disapprove .
For Trump , 46 % of swing-state respondents said they approve of how he is managing the outbreak , while 54 % said they disapprove .
The poll findings came Monday , hours after the president suggested he could fire the National Institute of Allergy and Infectious Diseases director following Tuesday 's presidential election .
Fauci @ @ @ @ @ @ @ as coronavirus cases spike around the U.S. Trump has downplayed the outbreak , which has led to more than 230,000 American deaths as he tries to win a second term in the White House .
At a campaign rally in Florida early Monday , the president signaled he could try to dismiss the infectious diseases expert during a rampaging pandemic .
Supporters gathered at the event chanted , `` Fire Fauci ! ''
The president responded , `` Do n't tell anybody , but let me wait until a little bit after the @ @ @ @ @ @ @ rival , Democrat Joe Biden , aimed to leverage Fauci 's popularity during his final string of campaign stops .
During remarks in Cleveland on Monday , he criticized Trump for threatening to oust one of the faces of the government 's virus response .

Anthony Fauci, director of the National Institute of Allergy and Infectious Diseases, speaks during a House Select Subcommittee on the Coronavirus Crisis hearing in Washington, D.C.
Nationwide, 72% of likely voters said they approve of the job Fauci is doing in handling the outbreak and only 28% disapprove, the poll found. At the same time, only 41% of respondents said they approve of how Trump is managing the virus, versus 59% who disapprove.
American voters overwhelmingly approve of how the country's top infectious diseases expert, Dr. Anthony Fauci, is handling the coronavirus pandemic, according to a new CNBC/Change Research poll.
In six battleground states, 66% of voters answered that they approve of how Fauci is handling Covid-19, versus 34% who disapprove. For Trump, 46% of swing-state respondents said they approve of how he is managing the outbreak, while 54% said they disapprove.
The poll findings came Monday, hours after the president suggested he could fire the National Institute of Allergy and Infectious Diseases director following Tuesday's presidential election. Fauci has warned of a brutal winter looming as coronavirus cases spike around the U.S.
Trump has downplayed the outbreak, which has led to more than 230,000 American deaths as he tries to win a second term in the White House. At a campaign rally in Florida early Monday, the president signaled he could try to dismiss the infectious diseases expert during a rampaging pandemic.
Supporters gathered at the event chanted, "Fire Fauci!" The president responded, "Don't tell anybody, but let me wait until a little bit after the election."
Trump's presidential election rival, Democrat Joe Biden, aimed to leverage Fauci's popularity during his final string of campaign stops. During remarks in Cleveland on Monday, he criticized Trump for threatening to oust one of the faces of the government's virus response.


cnbc--2020-11-03--Judge rejects GOP bid to toss 127,000 drive-thru ballots in Harris County, Texas

A federal judge on Monday rejected a last-ditch effort by Republicans to invalidate more than 100,000 ballots cast at new drive-thru voting locations in Harris County , Texas , a ruling that the plaintiffs ' lawyer suggested could cripple President Donald Trump 's chances of re-election .
The judge , Andrew Hanen , said the plaintiffs in the case lack legal standing to challenge the use of 10 drive-thru voting locations set up for the first time this year in the Democratic-leaning county , which includes the city of Houston .
Hanen 's decision was based on the legal precept @ @ @ @ @ @ @ show that they were harmed by an action , not just that the action itself may have been illegal .
The case has been of keen interest because of polls showing a very close race in Texas between the Republican incumbent Trump and former Vice President Joe Biden , the Democratic nominee .
Democrats also have made winning several Texas House races in the county a priority in their effort to regain a majority in the state House for the first time in two decades .
Hanen 's ruling , which came just @ @ @ @ @ @ @ be appealed immediately , said the plaintiff 's lawyer , Jared Woodfill .
`` If Harris County goes against Trump in large enough numbers , then we could lose Texas , '' Woodfill said , according to the Associated Press .
`` And if Trump loses Texas then we lose the national election , '' Woodfill said .
`` As far as I 'm concerned this is ground zero . ''
Hanen said that if he had found that the plaintiffs , who include three Republican candidates for office , had legal standing @ @ @ @ @ @ @ voting locations on Election Day itself but would not have invalidated the ballots already cast at those locations .

A federal judge on Monday rejected a last-ditch effort by Republicans to invalidate more than 100,000 ballots cast at new drive-thru voting locations in Harris County, Texas, a ruling that the plaintiffs' lawyer suggested could cripple President Donald Trump's chances of re-election.
The judge, Andrew Hanen, said the plaintiffs in the case lack legal standing to challenge the use of 10 drive-thru voting locations set up for the first time this year in the Democratic-leaning county, which includes the city of Houston.
Hanen's decision was based on the legal precept that a person filing a lawsuit must show that they were harmed by an action, not just that the action itself may have been illegal.
The case has been of keen interest because of polls showing a very close race in Texas between the Republican incumbent Trump and former Vice President Joe Biden, the Democratic nominee.
Democrats also have made winning several Texas House races in the county a priority in their effort to regain a majority in the state House for the first time in two decades.
Hanen's ruling, which came just a day before Election Day, will be appealed immediately, said the plaintiff's lawyer, Jared Woodfill.
"If Harris County goes against Trump in large enough numbers, then we could lose Texas," Woodfill said, according to the Associated Press.
"And if Trump loses Texas then we lose the national election," Woodfill said. "As far as I'm concerned this is ground zero."
Hanen said that if he had found that the plaintiffs, who include three Republican candidates for office, had legal standing, he probably would have barred drive-thru voting locations on Election Day itself but would not have invalidated the ballots already cast at those locations.


cnbc--2020-11-03--Biden leads Trump in national polls, but key states tighten on election eve

Former Vice President Joe Biden 's consistent polling lead over President Donald Trump is showing signs of narrowing in key swing states on the eve of the election .
Biden still holds a strong advantage in most national surveys of voters , and appears poised to maintain that sizeable polling lead rolling into Election Day .
But the race is much tighter in a handful of battleground states that play a central role in the Electoral College , which will ultimately decide the winner .
• The NBC News national polling average had Biden up more than 7 percentage points @ @ @ @ @ @ @ .
That spread is based on an unweighted average of the 10 most recent reliable public opinion polls .
• The RealClearPolitics general election polling average showed Biden with a 6.5-point lead over Trump , down from the 7.8-point gap it showed in Biden 's favor seven days earlier .
• FiveThirtyEight 's national polling tracker gave Biden an 8.4-point advantage , 1 point below where he stood a week prior .
Its models maintained that Biden is favored to win the election .
Despite the slightly tightening averages of national polls , @ @ @ @ @ @ @ then-nominee Hillary Clinton stood against Trump in the final days of the 2016 election .
Clinton won the popular vote in that race , but narrow defeats in key states ultimately cost her the White House .
Some of those same states show Trump and Biden neck and neck , according to polling averages .
RCP 's average of polls in six key battlegrounds — Florida , North Carolina , Pennsylvania , Michigan , Wisconsin and Arizona — has Biden leading Trump by 2.7 percentage points .
Trump won all of those states @ @ @ @ @ @ @ , both of which have voted for the GOP 's presidential candidates in most modern elections , are the tightest races in that polling tracker .
The most recent NBC News/Marist poll of Arizona , released Monday afternoon , showed Biden and Trump in a dead heat .
Both candidates had the support of 48 % of likely voters , according to that poll , which has a margin of error of plus or minus 4.5 % .
But that pollster also found Biden up 5 percentage points in Pennsylvania , which has @ @ @ @ @ @ @ is considered by some analysts to be the most important state in the election .
Biden had the support of 51 % of likely voters in Pennsylvania , compared with 46 % for Trump , according to that poll , which had a 4.4 % margin of error .
RCP 's polling average had Biden up 2.9 points on Trump in Pennsylvania on Monday afternoon .
A week earlier , Biden had a lead of 4.8 percentage points .
Both candidates traveled to Pennsylvania to make one last push on the final day @ @ @ @ @ @ @ has roots in the Keystone State , has made more trips there than to any other state since securing the Democratic nomination .
`` I think we 're going to have a tremendous day tomorrow , '' Trump said at a rally in Pennsylvania , the second of five on his schedule Monday as part of his sweep of crucial swing states .
`` I think you 're going to see a great red wave tomorrow . ''
The 2020 race has already set turnout records : Early voting and mail-in voting totals @ @ @ @ @ @ @ cast in 2016 .
In Texas — a traditionally Republican-leaning state that Democrats hope to blue in the current cycle — early voting has already surpassed the total number of ballots counted in 2016 .
But that phenomenon has raised concerns about how quickly the flood of mail-in votes will be processed and counted .
More Democrats than Republicans have cast their votes by mail , according to data compiled by the U.S .
Elections Project .
But some states start counting those votes later than others , leading to fears that Election @ @ @ @ @ @ @ of who 's ahead before all the votes are tallied .
Trump has recently claimed on Twitter that the U.S. `` must have [ its ] final total on November 3rd , '' even though numerous states have previously established systems that allow them to add votes after Election Day if they are not finished counting by that point .
Meanwhile , analysts ' forecasts continue to show that not only is Biden favored to win the Electoral College , but also that Democrats could significantly expand their majority in the House , @ @ @ @ @ @ @ GOP-led Senate .

Former Vice President Joe Biden's consistent polling lead over President Donald Trump is showing signs of narrowing in key swing states on the eve of the election.
Biden still holds a strong advantage in most national surveys of voters, and appears poised to maintain that sizeable polling lead rolling into Election Day. But the race is much tighter in a handful of battleground states that play a central role in the Electoral College, which will ultimately decide the winner.
Here's what national polling trackers said Monday afternoon:
The NBC News national polling average had Biden up more than 7 percentage points over Trump, 51.5%-44.4%. That spread is based on an unweighted average of the 10 most recent reliable public opinion polls.
The RealClearPolitics general election polling average showed Biden with a 6.5-point lead over Trump, down from the 7.8-point gap it showed in Biden's favor seven days earlier.
FiveThirtyEight's national polling tracker gave Biden an 8.4-point advantage, 1 point below where he stood a week prior. Its models maintained that Biden is favored to win the election.
Despite the slightly tightening averages of national polls, Biden is still well ahead of where then-nominee Hillary Clinton stood against Trump in the final days of the 2016 election. Clinton won the popular vote in that race, but narrow defeats in key states ultimately cost her the White House.
Some of those same states show Trump and Biden neck and neck, according to polling averages.
RCP's average of polls in six key battlegrounds — Florida, North Carolina, Pennsylvania, Michigan, Wisconsin and Arizona — has Biden leading Trump by 2.7 percentage points. Trump won all of those states in 2016.
North Carolina and Arizona, both of which have voted for the GOP's presidential candidates in most modern elections, are the tightest races in that polling tracker.
The most recent NBC News/Marist poll of Arizona, released Monday afternoon, showed Biden and Trump in a dead heat. Both candidates had the support of 48% of likely voters, according to that poll, which has a margin of error of plus or minus 4.5%.
But that pollster also found Biden up 5 percentage points in Pennsylvania, which has 20 electoral votes up for grabs and is considered by some analysts to be the most important state in the election. Biden had the support of 51% of likely voters in Pennsylvania, compared with 46% for Trump, according to that poll, which had a 4.4% margin of error.
RCP's polling average had Biden up 2.9 points on Trump in Pennsylvania on Monday afternoon. A week earlier, Biden had a lead of 4.8 percentage points.
Both candidates traveled to Pennsylvania to make one last push on the final day before the election. Biden, who has roots in the Keystone State, has made more trips there than to any other state since securing the Democratic nomination.
"I think we're going to have a tremendous day tomorrow," Trump said at a rally in Pennsylvania, the second of five on his schedule Monday as part of his sweep of crucial swing states. "I think you're going to see a great red wave tomorrow."
The 2020 race has already set turnout records: Early voting and mail-in voting totals already comprise roughly two-thirds of all votes cast in 2016. In Texas — a traditionally Republican-leaning state that Democrats hope to blue in the current cycle — early voting has already surpassed the total number of ballots counted in 2016.
But that phenomenon has raised concerns about how quickly the flood of mail-in votes will be processed and counted.
More Democrats than Republicans have cast their votes by mail, according to data compiled by the U.S. Elections Project. But some states start counting those votes later than others, leading to fears that Election Night totals may present a misleading picture of who's ahead before all the votes are tallied.
Trump has recently claimed on Twitter that the U.S. "must have [its] final total on November 3rd," even though numerous states have previously established systems that allow them to add votes after Election Day if they are not finished counting by that point.
Meanwhile, analysts' forecasts continue to show that not only is Biden favored to win the Electoral College, but also that Democrats could significantly expand their majority in the House, and possibly even win control of the GOP-led Senate.


cnbc--2020-11-02--Supreme Court sides with activist DeRay McKesson in lawsuit over officer injured at protest

Honoree , Activist and Organizer We The Protesters Deray McKesson attends the LinkedIn Next Wave Event at The Empire State Building on September 9 , 2015 in New York City .
Trump has claimed that violence at recent demonstrations over police brutality is a sign of instability in Democratic-led cities , while Biden has been largely supportive of the Black Lives Matter movement , though he has encouraged protesters to be peaceful .
The decision came just one day before the election between President Donald Trump and former Vice President Joe Biden , in which protests of state violence against @ @ @ @ @ @ @ .
The decision appeared to be 7-1 , with Justice Clarence Thomas the only noted dissent .
Justice Amy Coney Barrett , who was sworn in a week ago , did not participate in the case .
The justices , in an unsigned order , wrote that a federal appeals court should have obtained guidance from a Louisiana state court before allowing the officer 's lawsuit to move forward , and sent the case back to be reconsidered .
The Supreme Court on Monday sided with prominent Black Lives Matter activist DeRay McKesson @ @ @ @ @ @ @ from a police officer injured at a protest that McKesson attended .
McKesson 's case stemmed from a protest of the killing of Alton Sterling , a Black man , by police officers in Baton Rouge , Louisiana , in July 2016 .
The protest took place on a highway in front of the police headquarters in the city .
One officer , who is unnamed in the lawsuit , was hit by a piece of concrete or rock allegedly thrown by a protester and injured while police sought to clear the highway @ @ @ @ @ @ @ object was n't identified , the officer sued McKesson on the theory that his alleged organization of the protest made him liable for damages .
A federal district court rejected the officer 's claim but a panel of the 5th U.S .
Circuit Court of Appeals reversed that decision and allowed it to proceed on the basis that `` a violent confrontation with a police officer was a foreseeable effect of negligently directing a protest '' onto the road .
The Supreme Court reversed the appeals court ruling but left open the possibility @ @ @ @ @ @ @ the case .
Because of the case 's `` novel issues of state law , '' the justices wrote that the federal appeals court should have first consulted with the Louisiana Supreme Court .
`` The Louisiana Supreme Court , to be sure , may announce the same duty as the Fifth Circuit , '' the justices wrote .
But , the justices added , the 5th Circuit should not have `` ventured into so uncertain an area '' of law that was `` laden with value judgments and fraught with implications for @ @ @ @ @ @ @ guidance on Louisiana law from the Louisiana Supreme Court .
McKesson said in a statement provided by his attorneys that the decision `` recognizes that holding me liable for organizing a protest because an unidentifiable person threw a rock raises First Amendment concerns . ''
`` I 'm gratified that the Supreme Court vacated the ruling below , but amazingly , the fight is not over , '' he said .
Donna Grodner , an attorney for the officer , said the Supreme Court 's decision signified that the 5th Circuit `` got @ @ @ @ @ @ @ was a loss on only technical grounds .
Vera Eidelman , an attorney at the ACLU representing McKesson , said , `` We are gratified the Supreme Court has recognized there are important First Amendment issues at stake and has asked the state courts to review whether their law even permits such a suit . ''
`` We look forward to a ruling reaffirming that the fundamental right to protest can not be attacked in this way , '' Eidelman said .
The case is DeRay McKesson v. John Doe , No .
@ @

Honoree, Activist and Organizer We The Protesters Deray McKesson attends the LinkedIn Next Wave Event at The Empire State Building on September 9, 2015 in New York City.
Trump has claimed that violence at recent demonstrations over police brutality is a sign of instability in Democratic-led cities, while Biden has been largely supportive of the Black Lives Matter movement, though he has encouraged protesters to be peaceful.
The decision came just one day before the election between President Donald Trump and former Vice President Joe Biden, in which protests of state violence against Black people have been a recurrent theme.
The decision appeared to be 7-1, with Justice Clarence Thomas the only noted dissent. Justice Amy Coney Barrett, who was sworn in a week ago, did not participate in the case.
The justices, in an unsigned order, wrote that a federal appeals court should have obtained guidance from a Louisiana state court before allowing the officer's lawsuit to move forward, and sent the case back to be reconsidered.
The Supreme Court on Monday sided with prominent Black Lives Matter activist DeRay McKesson, who is fending off a lawsuit from a police officer injured at a protest that McKesson attended.
McKesson's case stemmed from a protest of the killing of Alton Sterling, a Black man, by police officers in Baton Rouge, Louisiana, in July 2016. The protest took place on a highway in front of the police headquarters in the city.
One officer, who is unnamed in the lawsuit, was hit by a piece of concrete or rock allegedly thrown by a protester and injured while police sought to clear the highway. While the person who threw the object wasn't identified, the officer sued McKesson on the theory that his alleged organization of the protest made him liable for damages.
A federal district court rejected the officer's claim but a panel of the 5th U.S. Circuit Court of Appeals reversed that decision and allowed it to proceed on the basis that "a violent confrontation with a police officer was a foreseeable effect of negligently directing a protest" onto the road.
The Supreme Court reversed the appeals court ruling but left open the possibility that the police officer could ultimately win the case.
Because of the case's "novel issues of state law," the justices wrote that the federal appeals court should have first consulted with the Louisiana Supreme Court.
"The Louisiana Supreme Court, to be sure, may announce the same duty as the Fifth Circuit," the justices wrote. But, the justices added, the 5th Circuit should not have "ventured into so uncertain an area" of law that was "laden with value judgments and fraught with implications for First Amendment rights" without first obtaining guidance on Louisiana law from the Louisiana Supreme Court.
McKesson said in a statement provided by his attorneys that the decision "recognizes that holding me liable for organizing a protest because an unidentifiable person threw a rock raises First Amendment concerns."
"I'm gratified that the Supreme Court vacated the ruling below, but amazingly, the fight is not over," he said.
Donna Grodner, an attorney for the officer, said the Supreme Court's decision signified that the 5th Circuit "got it right" and suggested the ruling was a loss on only technical grounds.
Vera Eidelman, an attorney at the ACLU representing McKesson, said, "We are gratified the Supreme Court has recognized there are important First Amendment issues at stake and has asked the state courts to review whether their law even permits such a suit."
"We look forward to a ruling reaffirming that the fundamental right to protest cannot be attacked in this way," Eidelman said.
The case is DeRay McKesson v. John Doe, No. 19-1108.


cnbc--2020-11-02--Supreme Court, with Justice Barrett, to hear major LGBT rights case day after election

Judge Amy Coney Barrett , U.S. President Donald Trump 's nominee to the Supreme Court , poses during a meeting with U.S .
Senator Mitt Romney ( R-UT ) on Capitol Hill in Washington , U.S. September 30 , 2020 .
After learning about the policy in 2018 , Philadelphia refused to refer the group new foster children , citing a city law that prohibits discrimination on the basis of sexual orientation .
The city added language to its 2019 contracts specifically prohibiting such discrimination against potential foster parents .
The case concerns a Roman Catholic adoption agency in Philadelphia @ @ @ @ @ @ @ foster children with same-sex households without violating its religious beliefs .
Doing so could effectively reverse the court 's trend in recent years of advancing protections for LGBT people , civil rights advocates warn .
The case could also weaken laws protecting other groups , including Jews , Muslims and Mormons .
Religious rights activists are pushing for the court to use the case , Fulton v. City of Philadelphia , to overturn a 30-year-old precedent that has for decades mediated the balance between freedom of conscience and the rights of minority groups @ @ @ @ @ @ @ just a day after the presidential election , will mark the first major fight to come before Justice Amy Coney Barrett , who was sworn in a week ago .
The Supreme Court is set to hear a case concerning the rights of gay and lesbian Americans on Wednesday morning in a dispute that advocates are warning could pierce holes in the nation 's anti-discrimination laws .
Philadelphia and two nonprofits that are challenging CSS in the case , Support Center for Child Advocates and Philadelphia Family Pride , argue that any standard @ @ @ @ @ @ @ to discriminate against same-sex couples would have broad ramifications .
`` Catholic Social Services stands to be excluded from foster care , not because it broke any law , but because Philadelphia disagrees with its religious practices regarding marriage , '' an attorney for CSS , Mark Rienzi , told the justices in a filing .
In its appeal , Catholic Social Services has asked justices to overturn Smith and implement a new standard .
The Third Circuit ruling relied heavily on the 1990 Supreme Court precedent known as Employment Division v. Smith @ @ @ @ @ @ @ late conservative Justice Antonin Scalia , held that laws that burden religious exercise are typically permissible as long as they are generally applicable and do not target religion .
The 3rd U.S .
Circuit Court of Appeals sided with Philadelphia in a unanimous decision in April 2019 .
Circuit Judge Thomas Ambro , writing for the court , said CSS failed to show that the city was motivated by anything other than `` sincere opposition to discrimination on the basis of sexual orientation . ''
Philadelphia , on the other hand , has @ @ @ @ @ @ @ policies in order to protect LGBT residents .
The city says it is not hostile to religion , noting that its policies apply evenly to religious and secular government contractors .
The group , Catholic Social Services , is suing to defend its ability to refuse to work with same-sex households .
In court papers , the group has argued that Philadelphia 's moves unlawfully targeted its right to exercise its religion , which is protected under the First Amendment .
Cecelia Paul , deceased plaintiff in Fulton v Philadelphia , taken at @ @ @ @ @ @ @ '' It would mean governments ' hands would be tied and they would not be able to enforce any anti-discrimination laws , '' according to Leslie Cooper , an ACLU attorney representing the nonprofits .
`` The court has in a number of cases recognized that LGBT people must be treated with the same dignity and respect as others , '' Cooper said .
She said that in this case , a win for CSS `` would essentially give anyone who objects to LGBT people and cites a religious basis for that the @ @ @ @ @ @ @ protections that achieved equal treatment for the LGBT community . ''
Lori Windham , who will be arguing in court on Wednesday for CSS , said those objections are exaggerated .
`` It 's completely overblown .
Catholic Social Services has been partnering with women of color for decades to service a diverse population , '' Windham said .
`` They are asking to continue to do that . ''
While Smith has been on the books for three decades , there is good reason to suspect that the top court , now @ @ @ @ @ @ @ it .
Just last year , four of the court 's conservatives , Justices Samuel Alito , Clarence Thomas , Neil Gorsuch and Brett Kavanaugh , suggested obliquely they were open to doing so .
With Barrett on the bench , the court , already friendly to religion , is expected to become more so .
But that does n't necessarily mean she will vote to overturn Smith .
`` She clerked for Justice Scalia .
Will she , in the first week or so of her time on the court , be @ @ @ @ @ @ @ by her old boss ? ''
asked David Flugman a partner at the law firm Selendy & Gay with experience litigating high-profile civil rights cases .
But Flugman added that despite that nuance , Barrett 's addition to the court likely added to the possibility of a sweeping ruling .
A win for CSS could take several possible forms .
Katherine Franke , faculty director of the Law , Rights , and Religion Project at Columbia University , said it was possible the court could overturn Smith without explicitly crafting a new standard @ @ @ @ @ @ @ which the court has interpreted the federal Religious Freedom Restoration Act , Franke said it was more likely the court would create an higher standard for reviewing laws that affect religion than existed even before Smith was decided in 1990 .
`` Many of us in the business call this religious liberty on steroids , '' she said .
Flugman said the tension between religious freedom and LGBT equality at the heart of the case is the `` fundamental issue in the LGBT rights space right now . ''
`` The real world @ @ @ @ @ @ @ really , really important to people , '' Flugman said .
`` From denial of health care , to exclusion from schools , or refusing to serve people in restaurants or not accommodating them in bed and breakfasts . ''
The court confronted a situation along those lines in the 2018 case known as Masterpiece Cakeshop , in which a Christian baker refused to make a wedding cake for a same-sex couple .
The court sided with the baker , but did so on such narrow grounds that the ruling did n't apply @ @ @ @ @ @ @ Masterpiece decision , though just a few years old , may effectively be from another era .
It was written by Justice Anthony Kennedy , the chief defender of LGBT rights on the Supreme Court , just weeks before he retired .
With Kennedy 's departure , Franke said , the court embarked on a new phase in its religion cases , in which religious rights started to be elevated above all others .
`` Justice Kennedy saw all the rights secured in the Constitution in a delicate balance with one another , @ @ @ @ @ @ @ as more fundamental than others , '' Franke said .
`` We are beginning to see a sort of tiering of rights , where some are top tier rights , and others are middle tier rights . ''
The conflict between those `` top tier '' rights — religion and gun rights , among others — and `` middle tier '' rights was on display last term , Franke said .
In rulings issued in June and July , the justices shielded religious schools from discrimination lawsuits brought by teachers , allowed religious @ @ @ @ @ @ @ free contraceptive coverage , and paved the way for religious schools to receive taxpayer dollars .
But the justices also upset religious conservatives by ruling , in the case Bostock v. Clayton County , that Title 7 of the Civil Rights Act protected gay and transgender workers from being fired on the basis of their sexual orientation or gender identity .
Franke noted that the cases favoring religion were written in soaring language , while Gorsuch 's opinion defending gay and transgender workers was workmanlike — and left open the possibility that religious @ @ @ @ @ @ @ 7 .
`` I see that when these are going to come up against each other , the deep normative reasoning of the religious liberty cases will just overpower the mechanical reasoning of the equality cases or the reproductive rights cases , '' Franke said .
Mary Bonauto , an attorney at GLBTQ Legal Advocates & Defender , wrote in a filing submitted to the justices that Bostock and the court 's previous cases had `` profound significance for LGBTQ people 's ability to sustain themselves and their families and to participate in @ @ @ @ @ @ @ '' Fulton , she wrote , puts that `` incipient equal citizenship at serious risk . ''
A decision in the case is expected by the end of June .
The case is Fulton v. City of Philadelphia , No .
19-123 .

Judge Amy Coney Barrett, U.S. President Donald Trump's nominee to the Supreme Court, poses during a meeting with U.S. Senator Mitt Romney (R-UT) on Capitol Hill in Washington, U.S. September 30, 2020.
After learning about the policy in 2018, Philadelphia refused to refer the group new foster children, citing a city law that prohibits discrimination on the basis of sexual orientation. The city added language to its 2019 contracts specifically prohibiting such discrimination against potential foster parents.
The case concerns a Roman Catholic adoption agency in Philadelphia that claims that it can't match foster children with same-sex households without violating its religious beliefs.
Doing so could effectively reverse the court's trend in recent years of advancing protections for LGBT people, civil rights advocates warn. The case could also weaken laws protecting other groups, including Jews, Muslims and Mormons.
Religious rights activists are pushing for the court to use the case, Fulton v. City of Philadelphia, to overturn a 30-year-old precedent that has for decades mediated the balance between freedom of conscience and the rights of minority groups.
Arguments, which will take place just a day after the presidential election , will mark the first major fight to come before Justice Amy Coney Barrett, who was sworn in a week ago.
The Supreme Court is set to hear a case concerning the rights of gay and lesbian Americans on Wednesday morning in a dispute that advocates are warning could pierce holes in the nation's anti-discrimination laws.
Philadelphia and two nonprofits that are challenging CSS in the case, Support Center for Child Advocates and Philadelphia Family Pride, argue that any standard that provides the agency the constitutional right to discriminate against same-sex couples would have broad ramifications.
"Catholic Social Services stands to be excluded from foster care, not because it broke any law, but because Philadelphia disagrees with its religious practices regarding marriage," an attorney for CSS, Mark Rienzi, told the justices in a filing.
In its appeal, Catholic Social Services has asked justices to overturn Smith and implement a new standard.
The Third Circuit ruling relied heavily on the 1990 Supreme Court precedent known as Employment Division v. Smith. The ruling, authored by the late conservative Justice Antonin Scalia, held that laws that burden religious exercise are typically permissible as long as they are generally applicable and do not target religion.
The 3rd U.S. Circuit Court of Appeals sided with Philadelphia in a unanimous decision in April 2019. Circuit Judge Thomas Ambro, writing for the court, said CSS failed to show that the city was motivated by anything other than "sincere opposition to discrimination on the basis of sexual orientation."
Philadelphia, on the other hand, has said it is entitled to enforce anti-discrimination policies in order to protect LGBT residents. The city says it is not hostile to religion, noting that its policies apply evenly to religious and secular government contractors.
The group, Catholic Social Services, is suing to defend its ability to refuse to work with same-sex households. In court papers, the group has argued that Philadelphia's moves unlawfully targeted its right to exercise its religion, which is protected under the First Amendment.
Cecelia Paul, deceased plaintiff in Fulton v Philadelphia, taken at her home in Philadelphia in May 2018
"It would mean governments' hands would be tied and they would not be able to enforce any anti-discrimination laws," according to Leslie Cooper, an ACLU attorney representing the nonprofits.
"The court has in a number of cases recognized that LGBT people must be treated with the same dignity and respect as others," Cooper said.
She said that in this case, a win for CSS "would essentially give anyone who objects to LGBT people and cites a religious basis for that the right to opt out of all those protections that achieved equal treatment for the LGBT community."
Lori Windham, who will be arguing in court on Wednesday for CSS, said those objections are exaggerated.
"It's completely overblown. Catholic Social Services has been partnering with women of color for decades to service a diverse population," Windham said. "They are asking to continue to do that."
While Smith has been on the books for three decades, there is good reason to suspect that the top court, now with a 6-3 majority of Republican-appointed justices, may overturn it. Just last year, four of the court's conservatives, Justices Samuel Alito, Clarence Thomas, Neil Gorsuch and Brett Kavanaugh, suggested obliquely they were open to doing so.
With Barrett on the bench, the court, already friendly to religion, is expected to become more so. But that doesn't necessarily mean she will vote to overturn Smith.
"She clerked for Justice Scalia. Will she, in the first week or so of her time on the court, be running toward overturning a three-decade-old precedent written by her old boss?" asked David Flugman a partner at the law firm Selendy & Gay with experience litigating high-profile civil rights cases.
But Flugman said that despite that nuance, Barrett's addition to the court likely added to the possibility of a sweeping ruling.
A win for CSS could take several possible forms. Katherine Franke, faculty director of the Law, Rights, and Religion Project at Columbia University, said it was possible the court could overturn Smith without explicitly crafting a new standard.
But based on recent cases in which the court has interpreted the federal Religious Freedom Restoration Act, Franke said it was more likely the court would create an higher standard for reviewing laws that affect religion than existed even before Smith was decided in 1990.
"Many of us in the business call this religious liberty on steroids," she said.
Flugman said the tension between religious freedom and LGBT equality at the heart of the case is the "fundamental issue in the LGBT rights space right now."
"The real world consequences of this could be really, really, really important to people," Flugman said. "From denial of health care, to exclusion from schools, or refusing to serve people in restaurants or not accommodating them in bed and breakfasts."
The court confronted a situation along those lines in the 2018 case known as Masterpiece Cakeshop, in which a Christian baker refused to make a wedding cake for a same-sex couple. The court sided with the baker, but did so on such narrow grounds that the ruling didn't apply to most other similar cases.
The Masterpiece decision, though just a few years old, may effectively be from another era. It was written by Justice Anthony Kennedy, the chief defender of LGBT rights on the Supreme Court, just weeks before he retired.
With Kennedy's departure, Franke said, the court embarked on a new phase in its religion cases, in which religious rights started to be elevated above all others.
"Justice Kennedy saw all the rights secured in the Constitution in a delicate balance with one another, where this current majority sees some rights as more fundamental than others," Franke said. "We are beginning to see a sort of tiering of rights, where some are top tier rights, and others are middle tier rights."
The conflict between those "top tier" rights — religion and gun rights, among others — and "middle tier" rights was on display last term, Franke said.
In rulings issued in June and July, the justices shielded religious schools from discrimination lawsuits brought by teachers, allowed religious employers to deny their workers access to free contraceptive coverage, and paved the way for religious schools to receive taxpayer dollars.
But the justices also upset religious conservatives by ruling, in the case Bostock v. Clayton County, that Title 7 of the Civil Rights Act protected gay and transgender workers from being fired on the basis of their sexual orientation or gender identity.
Franke noted that the cases favoring religion were written in soaring language, while Gorsuch's opinion defending gay and transgender workers was workmanlike — and left open the possibility that religious employers could claim an exemption from Title 7.
"I see that when these are going to come up against each other, the deep normative reasoning of the religious liberty cases will just overpower the mechanical reasoning of the equality cases or the reproductive rights cases," Franke said.
Mary Bonauto, an attorney at GLBTQ Legal Advocates & Defender, wrote in a filing submitted to the justices that Bostock and the court's previous cases had "profound significance for LGBTQ people's ability to sustain themselves and their families and to participate in the economic life of our nation."
Fulton, she wrote, puts that "incipient equal citizenship at serious risk."
A decision in the case is expected by the end of June. The case is Fulton v. City of Philadelphia, No. 19-123.


cnbc--2020-11-02--More than 94 million ballots have been cast ahead of Election Day, over two-thirds of 2016's turnout

Voters wait in line on the sidewalk for several hours to cast their ballots during early voting in the Brooklyn borough of New York City , New York , October 27 , 2020 .
Voters have cast more than 94 million ballots in the United States ahead of Election Day , according to the U.S .
Elections Project .
That figure represents more than 68 % of the total votes counted in 2016 , according to the site , which is compiled by University of Florida political science professor Michael McDonald .
It includes more than 34 million in-person votes @ @ @ @ @ @ @ mail-in ballots , according to the project , though some states do n't break out mail-in votes separately from in person .
Of the states that have party registration — which account for nearly half of the early voters so far — more than 45 % of those who have turned out or mailed in their ballots are registered Democrats .
Just over 30 % are registered Republicans , according to the website , while more than 23 % are not affiliated with a party .
Texas and Hawaii have both already exceeded @ @ @ @ @ @ @ at about 110 % of those voting levels .
Texas has become a surprising target of Democrats this year , a full cycle before many had projected changing demographics to swing the state in their favor .
Several other states are nearing 100 % of their 2016 turnout already , according to the U.S .
Elections Project .
Florida Georgia , Montana , Nevada , New Mexico , North Carolina and Washington , have all exceeded 90 % of total turnout in 2016 .
WATCH : 'It 's Americans doing their civic duty @ @ @ @ @ @ @ the U.S .

Voters line up on Election Day 2020 to cast their ballots at the Lions Club. Over 90 voters were in line when the polling site opened at 6 a.m, and then the line grew to hundreds stretching across a field.
Voters have cast more than 94 million ballots in the United States ahead of Election Day, according to the U.S. Elections Project.
That figure represents more than 68% of the total votes counted in 2016, according to the site, which is compiled by University of Florida political science professor Michael McDonald. It includes more than 34 million in-person votes as well as nearly 60 million returned mail-in ballots, according to the project, though some states don't break out mail-in votes separately from in person.
Of the states that have party registration — which account for nearly half of the early voters so far — more than 45% of those who have turned out or mailed in their ballots are registered Democrats. Just over 30% are registered Republicans, according to the website, while more than 23% are not affiliated with a party.
Texas and Hawaii have both already exceeded their total voter turnout in 2016, at about 110% of those voting levels. Texas has become a surprising target of Democrats this year, a full cycle before many had projected changing demographics to swing the state in their favor.
Several other states are nearing 100% of their 2016 turnout already, according to the U.S. Elections Project. Florida Georgia, Montana, Nevada, New Mexico, North Carolina and Washington, have all exceeded 90% of total turnout in 2016.
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WATCH: 'It's Americans doing their civic duty' — Early voters break records across the U.S.


cnbc--2020-11-02--Here's when key states will start counting election 2020 ballots

Election volunteer Nancy Gavney verifies voter and witness signatures on absentee ballots as they are counted at the City Hall during the presidential primary election held amid the coronavirus disease ( COVID-19 ) outbreak in Beloit , Wisconsin , April 7 , 2020 .
The flood of early votes — which was widely anticipated amid the coronavirus pandemic — has raised concerns about how long it will take mail and election systems in key states to process and tally all the ballots being sent in .
Record numbers of voters have already cast their ballots in the 2020 election cycle @ @ @ @ @ @ @ .
In most states , ballot processing precedes ballot counting .
Processing can involve steps such as verifying signatures or checking photocopies of identification documents , depending on the state .
In some states , processing may include scanning ballots , but not tabulating them until counting can begin .
States that start processing votes earlier may be able to avoid ballot-counting backlog , which could delay final results for days after next Tuesday 's election .
But some states do n't start processing votes until Election Day , including the all-important battlegrounds @ @ @ @ @ @ @ political implications at play .
President Donald Trump has loudly condemned the efforts of some state leaders to expand mail-in ballot access due to the pandemic , claiming without evidence that the new rules will cause widespread voter fraud .
The Trump campaign has filed lawsuits in multiple states , including Pennsylvania and Nevada , related to their mail-in ballot practices .
Far more Democrats than Republicans have voted by mail so far , according to data from 19 states compiled by the U.S .
Elections Project .
Former Vice President Joe Biden @ @ @ @ @ @ @ Trump in national polling averages .
The prospect of mail-in votes being added to states ' totals well after Election Day could prompt objections from elected officials , possibly including Trump , if the changes are significant .

Election volunteer Nancy Gavney verifies voter and witness signatures on absentee ballots as they are counted at the City Hall during the presidential primary election held amid the coronavirus disease (COVID-19) outbreak in Beloit, Wisconsin, April 7, 2020.
The flood of early votes — which was widely anticipated amid the coronavirus pandemic — has raised concerns about how long it will take mail and election systems in key states to process and tally all the ballots being sent in.
Record numbers of voters have already cast their ballots in the 2020 election cycle, whether by mail or in-person absentee.
In most states, ballot processing precedes ballot counting. Processing can involve steps such as verifying signatures or checking photocopies of identification documents, depending on the state. In some states, processing may include scanning ballots, but not tabulating them until counting can begin.
States that start processing votes earlier may be able to avoid ballot-counting backlog, which could delay final results for days after next Tuesday's election. But some states don't start processing votes until Election Day, including the all-important battlegrounds of Pennsylvania and Wisconsin.
There are political implications at play. President Donald Trump has loudly condemned the efforts of some state leaders to expand mail-in ballot access due to the pandemic, claiming without evidence that the new rules will cause widespread voter fraud. The Trump campaign has filed lawsuits in multiple states, including Pennsylvania and Nevada, related to their mail-in ballot practices.
Far more Democrats than Republicans have voted by mail so far, according to data from 19 states compiled by the U.S. Elections Project. Former Vice President Joe Biden, the Democratic nominee, is beating Trump in national polling averages.
The prospect of mail-in votes being added to states' totals well after Election Day could prompt objections from elected officials, possibly including Trump, if the changes are significant.


cnbc--2020-11-02--Joe Biden's fundraiser list includes more than 30 executives with Wall Street ties

The co-founder of Centerview , Blair Effron , is also on Biden 's new bundler list .
Others include Frank Baker , co-founder of private equity firm Siris Capital ; Bill Derrough , the DNC treasurer and managing director at the investment bank Moelis ; Mark Gallogly , co-founder of investment firm Centerbridge Partners ; Marc Lasry , the CEO of Avenue Capital Group ; and Robert Rubin , Bill Clinton 's Treasury secretary and now a counselor at the investment firm Centerview Partners .
Rubin was once co-chairman at Goldman Sachs .
The list includes two senior executives at @ @ @ @ @ @ @ the investment giant , and Tony James , the firm 's executive chairman .
The updated list was officially released late Saturday .
They have also given six-figure contributions to Biden 's joint fundraising committees and hosted virtual fundraising events .
The joint committees help raise funds for the campaign , the Democratic National Committee and state parties .
These bundlers called upon their expansive networks in business and philanthropy to give to the Biden campaign .
CNBC reviewed a new list of more than 800 Biden bundlers who raised at least $ @ @ @ @ @ @ @ that several of them had links to financial firms .
A few had been mentioned on the initial list of Biden fundraisers that was released in 2019 during the Democratic primary contests .
Over 30 executives with ties to Wall Street have raised big money for Democrat Joe Biden 's presidential campaign .
Lasry , co-owner of the Milwaukee Bucks , ended up raising over $ 3 million , according to a person with direct knowledge of the matter .
This person declined to be named as the total had yet to be @ @ @ @ @ @ @ Sunday that he has helped bring in just over $ 1 million .
Several lawyers connected to the finance industry helped fundraise for Biden throughout the 2020 election .
Brad Karp , chairman of the legal juggernaut Paul , Weiss , is one of those attorneys .
He lists Citigroup , JPMorgan , Bank of America , Morgan Stanley , Goldman Sachs , Blackstone and Apollo Global Management as clients .
Jon Henes , a partner at Kirkland & Ellis and a leading restructuring and corporate governance advisor , also is on the @ @ @ @ @ @ @ Sen. Kamala Harris ' national finance chair when she was running for president .
Faiza Saeed , a partner at Cravath , Swaine & Moore , `` advises public companies , boards of directors and special committees in connection with M & A , corporate governance and crisis management , '' according to the firm 's website .
Under the featured work section of the site , Saeed lists Viacom 's recent acquisition of CBS and a deal that was made between Occidental Petroleum and longtime investor Carl Icahn .
Though the Biden @ @ @ @ @ @ @ these financiers ending up hitting the top fundraising tier of at least $ 2.5 million , their efforts clearly gave the former vice president 's war chest a boost .
The jump in fundraising that Biden received in the third quarter alone allowed him to surge ahead of President Donald Trump in ad spending .
A recent study by the Wesleyan Media Project found that Biden 's campaign has spent over $ 560 million on TV , digital and radio ads .
Trump , meanwhile , has spent just over $ 425 million @ @ @ @ @ @ @ from these leaders on Wall Street also reflects the support Biden has gained from the finance industry since he became the Democratic nominee for president .
`` I think first and foremost it 's that he represents a sense of normalcy and decency , '' Derrough said in describing his success in helping raise money from Wall Street leaders .
`` If you think about the finance world in general , they do n't want any surprises .
They want predictability .
We 've had a lot of unpredictability over the last four @ @ @ @ @ @ @ over $ 13 million from those working in the securities and investment sector , according to the nonpartisan Center for Responsive Politics .
At least $ 74 million from people in Wall Street firms went toward various efforts supporting his candidacy , including pro-Biden super PACs .

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Over 30 executives with ties to Wall Street have raised big money for Democrat Joe Biden's presidential campaign. CNBC reviewed a new list of more than 800 Biden bundlers who raised at least $100,000 for the campaign, and found that several of them had links to financial firms. A few had been mentioned on the initial list of Biden fundraisers that was released in 2019 during the Democratic primary contests. These bundlers called upon their expansive networks in business and philanthropy to give to the Biden campaign. They have also given six-figure contributions to Biden's joint fundraising committees and hosted virtual fundraising events. The joint committees help raise funds for the campaign, the Democratic National Committee and state parties. The list includes two senior executives at Blackstone: Jonathan Gray, president of the investment giant, and Tony James, the firm's executive chairman. The updated list was officially released late Saturday. Others include Frank Baker, co-founder of private equity firm Siris Capital; Bill Derrough, the DNC treasurer and managing director at the investment bank Moelis; Mark Gallogly, co-founder of investment firm Centerbridge Partners; Marc Lasry, the CEO of Avenue Capital Group; and Robert Rubin, Bill Clinton's Treasury secretary and now a counselor at the investment firm Centerview Partners. Rubin was once co-chairman at Goldman Sachs. The co-founder of Centerview, Blair Effron, is also on Biden's new bundler list.
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Lasry, co-owner of the Milwaukee Bucks, ended up raising over $3 million, according to a person with direct knowledge of the matter. This person declined to be named as the total had yet to be made public. Derrough told CNBC on Sunday that he has helped bring in just over $1 million. Several lawyers connected to the finance industry helped fundraise for Biden throughout the 2020 election. Brad Karp, chairman of the legal juggernaut Paul, Weiss, is one of those attorneys. He lists Citigroup, JPMorgan, Bank of America, Morgan Stanley, Goldman Sachs, Blackstone and Apollo Global Management as clients. Jon Henes, a partner at Kirkland & Ellis and a leading restructuring and corporate governance advisor, also is on the list of Biden bundlers. Henes was Sen. Kamala Harris' national finance chair when she was running for president. Faiza Saeed, a partner at Cravath, Swaine & Moore, "advises public companies, boards of directors and special committees in connection with M&A, corporate governance and crisis management," according to the firm's website. Under the featured work section of the site, Saeed lists Viacom's recent acquisition of CBS and a deal that was made between Occidental Petroleum and longtime investor Carl Icahn. Though the Biden campaign did not say how many of these financiers ending up hitting the top fundraising tier of at least $2.5 million, their efforts clearly gave the former vice president's war chest a boost. The jump in fundraising that Biden received in the third quarter alone allowed him to surge ahead of President Donald Trump in ad spending. A recent study by the Wesleyan Media Project found that Biden's campaign has spent over $560 million on TV, digital and radio ads. Trump, meanwhile, has spent just over $425 million over those platforms. The fundraising assistance from these leaders on Wall Street also reflects the support Biden has gained from the finance industry since he became the Democratic nominee for president. "I think first and foremost it's that he represents a sense of normalcy and decency," Derrough said in describing his success in helping raise money from Wall Street leaders. "If you think about the finance world in general, they don't want any surprises. They want predictability. We've had a lot of unpredictability over the last four years." Biden's campaign saw over $13 million from those working in the securities and investment sector, according to the nonpartisan Center for Responsive Politics. At least $74 million from people in Wall Street firms went toward various efforts supporting his candidacy, including pro-Biden super PACs.
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Going into the final two weeks of the election, Biden, the DNC and their joint fundraising committees had over $330 million on hand. That's $110 million more than for Trump, the Republican National Committee and their joint committees. Biden's campaign is on track to raise $1 billion by Tuesday's Election Day. Beyond those from Wall Street, Biden's campaign saw fundraising help from leaders in Silicon Valley, including LinkedIn co-founder Reid Hoffman and venture capitalist Ron Conway. Political leaders such as former South Bend, Indiana, Mayor Pete Buttigieg, Michigan Gov. Gretchen Whitmer and Sen. Amy Klobuchar, are also on the list. Partial list of executives with ties to Wall Street helping Biden: Frank Baker Brett Barth Jim Chanos Mark Chorazak David Clunie William Derrough Roger Altman Blair Effron Jon Feigelson Mark Gallogly John Rogers Jon Gray Tony James Jon Henes Sonny Kalsi Orin Kramer Brad Krap Brian Kreiter Marc Lasry Nate Loewenthall Eric Mindich Kara Moore Charles Myers Alan Patricof Deven Parekh Robert Rubin Evan Roth Faiza Saeed Rajen Shah Jay Snyder Rob Stavis Jeff Zients