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SKEPTIC: President Trump does not believe in a free and independent election on November 3. He believes that the outcome can be decided by the Supreme Court. Photo: JOSHUA ROBERTS / GETTY IMAGES NORTH AMERICA
Donald Trump is preparing for the Supreme Court to decide the outcome of the presidential election. Therefore, it is important that Trump replace the late Ruth Bader Ginsburg to replace another conservative Supreme Court justice.
“I think this will end up in the Supreme Court, and I think it is very important to have nine justices, and I think this will go very quickly,” the US president said Wednesday, quoted on the Bloomberg website.
Norwegian-American expert, professor at the University of Oslo Law School, Geir Stenseth, sees three dimensions in the political drama that takes place 40 days before the November 3 US presidential election:
RESPECTED: The coffin with Ruth Bader Ginsburg outside the Supreme Court building in Washington on Wednesday. The death of Judge Ginsburg has created a dramatic political situation surrounding the presidential elections. Photo: ANDREW HARNIK / PISCINA
– What is happening now is that President Trump is positioning himself in relation to the demands that may arise after the results of the elections are known. We really have to go back to the time when Abraham Lincoln in 1864 was in the same situation regarding the composition of the Supreme Court. He concluded that the people here must decide, so he waited until the elections were over before a new appointment was made, Stenseth says.
Obamacare
He believes that it is also an important point for President Trump to stop the son of the heart of his predecessor, Obamacare.
November 10 is the third time Obamacare has been sued in Supreme Court. Supreme Court Justice John G. Robert switched sides on the previous two occasions and was the decisive voice in defending Obamacare. If Trump succeeds in having to appoint a new conservative Supreme Court justice before November 10, Roberts may be put to the test, believes the Norwegian law professor.
“Regardless of who wins the presidential election, a Trump-appointed ninth judge will lead a solid conservative majority on the Supreme Court for a long time,” he says.
– But there is an open debate in the United States at the moment about whether there really can be an increase in the number of Supreme Court justices, say from nine to 13 justices. For that to happen, Democrats must win Congress – that is, both the House of Representatives and the Senate. Then there is talk that the Supreme Court can get a liberal majority, says Professor Geir Stenseth.
LET’S DO: – There is nothing legal in the way the US Supreme Court can get more justices, says Sofie Høgestøl. Photo: Frode Hansen
Sofie Høgestøl studied at Georgetown University in Washington DC in the United States. Today it is affiliated with the Faculty of Law of the University of Oslo. She says it is legally possible to increase the number of Supreme Court rulings in the United States.
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– There is no maximum number of Supreme Court justices that can be appointed. By comparison, Norway has increased the number of judges to 20, while the United States, with 330 million inhabitants, has just nine.
And it can happen through an ordinary law, passed in Congress without the constitution being used as a basis. Pete Buttigieg, who previously fought to become the Democratic presidential nominee but is central to Biden’s election campaign today, has been speaking for several months about the need for an extension of the Supreme Court.
But of course a majority in Congress of Democrats is required for that to happen, says Sofie Høgestøl.
