The question arose because of the deadly speed of COVID-19, which caught everyone by surprise. When the scope of danger became clear, states across the country postponed local elections and primaries to protect voters and poll workers. In Wisconsin, the Democratic governor called a special session to consider a delay; the Republican legislative majority refused even to convene. They calculated that a lower turnout would be good for them, and walked away from their duty to the voters. Applications for absentee ballots surged—an understandable response to the looming danger at the polls—until the numbers overwhelmed state officials.

As of last week, thousands had not yet received their ballot, and so could not mail it to be received by Election Day, April 7. To vote, they would have to risk infection and journey to the polls. A federal district judge found this to be a burden on the right to vote, and ordered the state to accept ballots that arrived by April 13. A federal appeals court approved the order.

But the Supreme Court, wherever it is, stepped in at the last moment with a decision that no justice signed. Responding to a request by the state Republican Party, the high court reinstated the old deadline.

The decision, to be sure, is couched in soothing “neutral principles” terms: “The Court’s decision … should not be viewed as expressing an opinion on the broader question of whether to hold the election, or whether other reforms or modifications in election procedures in light of COVID-19 are appropriate. That point cannot be stressed enough.”

But should it be “stressed” at all, or instead greeted with what the late constitutional-law professor Charles Black once called “the prerogative of laughter”? Bear in mind that the Court’s order, as opposed to its mollifying bromides, directs that voters who have not yet received their absentee ballot will not be allowed to vote—unless they leave their home and go to a crowded polling station, potentially contracting the virus or infecting the many older poll workers, terrified but present to do their duty.

Also bear in mind that the Court’s opinion was adopted 5–4, with the five Republican appointees—Chief Justice John Roberts and Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh—supporting it and the Democratic appointees—Justices Ruth Bader Ginsburg, Stephen Breyer, Sonia Sotomayor, and Elena Kagan—dissenting. And bear in mind that the election was for choosing many state officials, including judges for the state appellate courts. And finally, bear in mind that by a bizarre coincidence, Wisconsin may be crucial to Donald Trump’s reelection come fall, and that these local officials will play an important role in conducting that election.

Oral argument for the Court—too risky. Voting for you—no problem. I am reminded of the immortal words of Lord Maximus Farquaad in DreamWork Animation’s Shrek, who bids his knights to “go forth and rescue the lovely Princess Fiona from the fiery keep of the dragon.”* Thoughtfully, he adds, “Some of you may die, but it’s a sacrifice I am willing to make.”