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Opinion Trump Is Counting On The Supreme Court To Help Him Steal The Election The Washington Post Election Poster Freepik
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Late monday night the supreme court issued an order denying an application for an emergency stay to prevent changes to pennsylvania election law made by the pennsylvania supreme court.
Election poster freepik. When that happens in normal cases the ruling from the court below stands but no precedent is set the same case can come back to the supreme court for a proper decision later. In a 5 3 ruling the justices on monday refused to. The order stated that justices thomas alito gorsuch and kavanaugh would have granted the emergency stay.
This time both sides say they have. Most recently it happened in the 2000 race that was handed to george bush. The eca was supposed to prevent a recurrence of such chaos.
It was inspired by the disastrous election of 1876 in which an electoral commission including five supreme court justices decided every contested state by a straight party line vote producing republican candidate rutherford b. If the court were to hear a big election related case without a ninth justice in place thered be at least the possibility of a 4 4 tie. Gore concurrence claiming that the supreme court should feel free to second guess state court interpretations of state election law whenever presidential elections are at issue.
It wouldnt be the first time the supreme court ruled on a presidential election. Supreme court justices brett kavanaugh neil gorsuch and elena kagan attend the presidential medal of freedom ceremony at the white house in washington dc on november 16 2018. Richard hasen a law professor at the university of california irvine wrote in a blogpost that he was skeptical that the court would throw out late arriving ballots after the election given that.
The supreme court decision in the historic case of george bush versus al gore casts a long shadow which is ironic given that the justices expressly tried to limit its reach to the circumstances.
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