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US President Donald Trump has repeatedly said that there is one place where he wants to determine the outcome of the presidential election: the US Supreme Court. But you may have a hard time getting there.
In the past two days, Trump has leaned toward the idea that the high court should participate in elections as it did in 2000. Then the court effectively ruled the contested election of President George W. Bush in a 5-5 decision. Four. that divided the liberals and conservatives of the court.
Today, six members of the court are Conservatives, including three nominated by Trump. But the outcome of this year’s election seemed to take a very different shape from that of 2000, when Florida’s electoral votes handed the presidency to George W. Bush.
Then Bush led Florida and went to court to stop a recount. Trump, for his part, has suggested a strategy that would focus on multiple states where winning margins appear slim. But he may have to persuade the Supreme Court to reserve votes in two or more states to prevent Joe Biden from becoming president.
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Chief Justice John Roberts, for his part, will not want the election to be reduced to himself and his colleagues. Roberts, who was not in the court of Bush v. Gore in 2000, but a former Bush attorney, has often tried to distance the court from political branches of government and politics that he believes could damage the court’s reputation.
It is also unclear what legal issues might prompt judges to intervene. Trump has made repeated unsubstantiated claims of voter fraud. The lawsuits filed by his campaign so far have been small-scale efforts that probably won’t affect many votes, and some have already been thrown out.
J. Scott Applewhite / AP
The Supreme Court is seen in Washington, where Donald Trump says he will initiate legal proceedings over the US elections.
Still, Trump has focused on the high court. In the early hours of the morning after Election Day, he said, “We will go to the Supreme Court of the United States; we want the voting to stop.” And on Thursday, when Biden approached the 270 Electoral College votes needed to win the White House, Trump again told Americans: “It’s going to end up, maybe, in the highest court in the country, we’ll see.” On Twitter he also urged: “The Supreme Court of the United States should decide!”
J. Scott Applewhite / AP
A family visits the United States Supreme Court in Washington. The Trump campaign is seeking to intervene in a Pennsylvania Supreme Court case over whether ballots received up to three days after the election can be counted.
There is currently an electoral case in the Supreme Court and it is a Republican appeal to exclude ballots that arrived after Election Day in the battlefield state of Pennsylvania. But whether or not those ballots are eventually counted seems unlikely to affect who gets the state’s electoral votes.
Biden has opened up a small lead over Trump, and any additional vote by mail would likely help Biden, not the president.
Still, the Trump campaign is currently seeking to intervene in the case, an appeal of a decision from Pennsylvania’s highest court to allow an additional three days for the receipt and counting of mailed ballots. Because the case is ongoing, the state’s top election official has ordered that the small number of ballots that arrived at that window, before 5 p.m. Friday, separate but count. On Friday, Republicans asked for a superior court order to ensure that the ballots are separated.
Beyond the Pennsylvania case, if Trump wanted to pursue a lawsuit to challenge the outcome of elections in one state, he would have to start by presenting a case in a lower court.
So far, the Trump campaign and Republicans have raised legal challenges in several states, but most are small-scale lawsuits that don’t seem to affect many votes. On Thursday, the Trump campaign won an appeal ruling to bring party and campaign watchers closer to poll workers who process mail-in ballots in Philadelphia. But judges in Georgia and Michigan quickly dismissed two other campaign lawsuits Thursday.
Trump and his campaign have promised even more legal action, making unsubstantiated allegations of voter fraud.
Meanwhile, Biden’s campaign has called the existing lawsuits without merit, more political than legal strategy. “I want to emphasize that for your purposes these trials do not have to have merit. That is not the purpose. … It is to create an opportunity for them to send false messages about what is happening in the electoral process, “attorney Bob Bauer said Thursday, accusing the Trump campaign of” continually alleging irregularities, system failures and fraud without no foundation. “
On the other hand, Trump’s campaign manager, Bill Stepien, in a call with reporters Thursday morning, said that “every night the president goes to bed with an advantage” and every night new votes “are mysteriously in the air. a sack”.
However, it is common in presidential elections for vote counting to continue after Election Day. And while most states make Election Day the deadline to receive ballots by mail, 22 states, 10 of which backed Trump in the 2016 election, have a deadline after Election Day. elections.
