Supreme Court’s Potential Role in Post-Election Lawsuits | Eastern NC Now

Kevin Daley of the Washington Free Beacon explores the potential role of the nation’s highest court in resolving election disputes.

ENCNow
Publisher's Note: This post appears here courtesy of the John Locke Foundation. The author of this post is Mitch Kokai.

    Kevin Daley of the Washington Free Beacon explores the potential role of the nation's highest court in resolving election disputes.

  • Republican-controlled legislatures in battleground states are likely to play a deciding role in any post-Election Day legal disputes.
  • It's hard to anticipate just what a post-election legal fight will involve. However, many pre-election lawsuits to reach the Supreme Court have involved a particular fault-line: On the one side is a state legislature, which sets the rules and procedures for the election; and on the other is a state court, which relaxes or alters those procedures, citing other state law sources and the coronavirus pandemic as justification. If that pattern holds, President Donald Trump has reason for optimism.
  • So far, a short-handed Supreme Court has sided with state judges in such cases, allowing their late-breaking adjustments over the objections of GOP lawmakers and the Trump campaign. Justice Amy Coney Barrett, however, may hold a fifth vote in favor of the GOP-controlled legislatures. Republicans control both legislative chambers in such critical states as Arizona, Florida, Pennsylvania, North Carolina, and Wisconsin. ...
  • ... Had Barrett been on the Court in late September, she might have provided a fifth vote to maintain the original Election Day deadline. Her participation in a future case could mean that election rules written by GOP lawmakers will determine scuffles over recounts or tardy absentee ballots. ...
  • ... Barrett managed to duck the Pennsylvania appeal given the timing, and she did not participate in a conference the justices held Friday to discuss pending petitions. A Court spokeswoman said Barrett has been using her time to get up to speed on the cases the justices will hear in the coming days, which include weighty disputes over health care, LGBT rights, and religious freedom. Whether or not the calendar may again be an ally for Barrett if a politically fraught appeal reaches the justices is unclear.

Go Back


Leave a Guest Comment

Your Name or Alias
Your Email Address ( your email address will not be published )
Enter Your Comment ( text only please )




Despite Cooper Win, Republicans Appear To Keep 6-4 Majority of Council of State John Locke Foundation Guest Editorial, Editorials, Op-Ed & Politics Supreme Court’s Challenge With Public Confidence


HbAD0

Latest Op-Ed & Politics


HbAD1

"Your faith will go quiet when you need it loud. Tend to your faith, not just when you’re broken, but when you’re whole."
illegal alien "asylum seeker" migrants are a crime wave on both sides of the Atlantic

HbAD2

A new poll data points to continuing trend among the next generation of the left.
Libertarian rabble rouser Massie defeated in Kentucky
Trump administration policies are bringing the country back from the brink of an uncontrolled influx of illegal immigrants.

HbAD3

 
 
Back to Top