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Aoife White and Hugo Miller
Washington – US President Donald Trump has said he will go to the Supreme Court because he wants “all voting to stop,” as he tries to stay ahead in snap elections in key states on the battlefield.
You won’t be able to go there right away.
Cases often go to the highest court in the nation after a ruling by a local judge and then other appeals courts.
In 2000, it was more than a month before the Supreme Court issued the landmark Bush v. Gore who finally decided that year’s election.
As the count continues in states such as Pennsylvania, Wisconsin and Michigan, Trump said in a morning speech, in which he also falsely claimed victory, that the tabulation delays were “an embarrassment to our country.”
“This is a huge fraud in our nation,” Trump said.
“We want the law to be used appropriately.”
Biden’s campaign said it had legal teams ready to counter any lawsuits brought by the Republican Party.
“If the president follows through on his threat to go to court to try to avoid proper vote tabulation, we have legal teams ready to be deployed to resist that effort, and they will prevail,” said Biden’s campaign manager Jen O ‘. Malley Dillon said in a statement.
Trump did not provide any grounds for a possible impeachment and it is unclear what wrongdoing his lawyers would point to, said Nicholas Whyte, who runs an election blog for APCO Worldwide, a consulting firm in Brussels.
“Of course, before he got to the Supreme Court, he would have to go to the local courts anyway, so this conversation of taking him straight to the Supreme Court is an exaggeration that cannot be done,” Whyte said.
A longtime Republican lawyer said Trump could have a difficult time preventing votes received on or before Election Day from being counted.
There are “tally laws if the margins are close enough,” but the bar for stopping or rejecting an ongoing vote is much higher, said Ben Ginsberg, who advised George W. Bush in 2000, on CNN.
“I don’t really know how I could justify a law to simply circumvent state procedures and disenfranchise people who have legally cast their votes.”
However, other lawsuits are already being prepared on various issues that could quickly make their way through the appeals process.
Republicans in Pennsylvania filed a lawsuit Tuesday in a suburban Philadelphia county, alleging officials illegally allowed mail-in ballots to be counted before Election Day. The hearing is scheduled for Wednesday at 9 a.m. M.
“Pennsylvania is the key state,” Whyte said.
“I imagine any legal action will be accelerated, but we have not yet seen what the basis for any legal action is. The counting officials have been doing exactly what they said they would do.”
In another case involving Pennsylvania, the Supreme Court last month enacted an extension that would allow the state to count ballots received up to three days after the Nov.3 election.
The judges can re-examine the question and ballots received after Tuesday will be kept separate, pending further litigation.
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