Elections in the United States: Will it be up to the courts to decide?



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The US Supreme Court in Washington, DC, USA, October 23, 2020. / Getty

The US Supreme Court in Washington, DC, USA, October 23, 2020. / Getty

Editor’s note: Kong Qingjiang is dean of the Faculty of International Law at China University of Political Science and Law. The article reflects the views of the author and not necessarily those of CGTN.

To outsiders, perhaps even American voters, it seems strange that while votes are still being counted in Pennsylvania, Wisconsin and Michigan, the incumbent President Donald Trump called for the counting of votes to be stopped in his comments on the White House.

Trump claimed election “fraud” and vowed to pose legal challenges to official state results. For many people, his call to end the vote count that is underway across the country posed a chilling threat to their beloved American democracy.

It is even harder to understand that with millions of votes yet to be counted, Trump claimed victory in the presidential election.

Meanwhile, his Democratic challenger, Joe Biden, insisted he doesn’t end until all the votes are counted. He said: “We believe we are on our way to winning this election” and asked for patience.

Trump’s claim to victory appeared to be premature, as he claimed to have won several states that are still counting ballots, including Georgia, North Carolina and Pennsylvania.

In addition, more than 100 million Americans voted early or by mail, suggesting a record turnout. In fact, it can take days or even weeks to finish the count.

It is not clear whether the candidate of either party will admit defeat and his followers will then be willing to accept the outcome for which they have gained support.

The bitterly contested race is the result of divided American society. Since Donald Trump came to power, American society has become even more polarized.

Workers count ballots after Election Day in Philadelphia, Pennsylvania, U.S., Nov. 4, 2020. / Getty

Workers count ballots after Election Day in Philadelphia, Pennsylvania, U.S., Nov. 4, 2020. / Getty

In today’s poisoned political environment, Republican and Democratic supporters have gambled on their positions on key issues, and the debate does little to persuade them.

In fact, a growing number of voters have become extreme and have even become victims of identity politics. As a result, a mild and moderate political consensus has fractured and become a political luxury.

The uncertainty surrounding the outcome of the US presidential election could lead to a political stalemate.

In this context, it is not unlikely that the United States Supreme Court will have to step in to decide who has won the presidency.

With that being the case, a democratic election will come down to a legal battle in court.

Ironically, even the highest court appears to be questioning partisan division. With the reappointment of Justice Amy Coney Barrett, by the Republican Party, this is a political victory comparable to that of a presidential election; the court has become dominated by pro-Republican judges.

His swift nomination by President Donald Trump and confirmation by the Senate with the Republican as the majority was believed to be a triumphant step in political games by the Republican Party and conservatives in general.

It is still unknown whether Donald Trump will ask the Supreme Court to end the vote count. It’s even more intriguing how the court would handle the political skirmish if the request went as Trump promised.

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