Are You Ready for Another Bush v. Gore?
#SCOTUS Is.
How #Trump could win, thanks to just 5 votes.
The #SupremeCourt will begin a new term on Monday, in which it is set to hear pivotal cases about #transgender rights, our #environment, & #GunViolence. But the term’s biggest blockbuster could be a case that not only hasn’t yet been filed, but is still just a concept.
#law #VoteBlue #HarrisWalz2024 #landslide
https://www.motherjones.com/politics/2024/10/supreme-court-2024-election-donald-trump/
That’s because in the next 3 months, the justices may be asked to inject themselves into the late stages of the #2024election. If presented w/such an opportunity, this could be the term that #SCOTUS elects Donald #Trump.
4 yrs ago, Trump & his allies attempted to overturn his 2020 loss from the WH, while his allies controlled legislatures in the critical states of PA, WI, AZ, & GA, as well as key institutions like the #Wisconsin #SupremeCourt.
#Trump’s #coup failed not because he & his allies lacked #power, but because President Joe #Biden’s margin of victory was big enough that some allies—including his own AG & most #Senate #Republicans—refused to use that power to illegally keep Trump in office. This year, Trump does not hold as many levers of power. But a faction of his political coalition, the #GOP-appointed 6-3 majority on #SCOTUS, controls one of the most important.
#SCOTUS has already been a player in this #election. Last term, the justices ensured that #Trump’s attempt to steal 2020’s election could not disqualify him from the presidency, issuing a decision assuring he would appear on every ballot. The court delayed Trump’s #criminal trial over his attempted #coup, then granted him broad #immunity from criminal prosecution, preventing damaging courtroom revelations from emerging before voting.
In Aug, #SCOTUS used its #ShadowDocket to allow #Arizona, a key swing state, to require proof of citizenship w/ voter registration forms at the request of the #RNC.
But perhaps least known—& yet, most important—was #MooreVHarper, a 2023 ruling in which the court set the stage for the next #BushVGore scenario by holding that the justices themselves would have THE LAST SAY when it comes to questions over state-level #election rules & disputes.
24yrs ago, #SCOTUS stepped into #Florida’s contested presidential race & handed the presidency to #Republican #GeorgeWBush. 5 Republican-appointed justices overturned the FL #SupremeCourt & halted the state’s recount effort. 4 #Democrat-appointed justices dissented.…The majority acknowledged their #election meddling was an exception…:
“Our consideration is limited to the present circumstances,” the majority promised, calling it their “unsought responsibility” to resolve the case.
The decision didn’t just pick the president—it also, in installing George W. Bush, allowed him to reshape #SCOTUS. As younger lawyers, 3 of the current #GOP-appointed justices aided Bush’s Florida legal team in the run up to #BushVGore [#AmyConeyBarrett, #JohnRoberts & #BrettKavanaugh]. Another, #ClarenceThomas, was part of the decision’s majority.
5 of today’s justices personally & significantly #benefited from the consequences of the ruling, including by accepting jobs or appointments under #Bush’s admin [add Neil #Gorsuch to the above list]. Not only have none of these #conservative jurists expressed remorse about their actions or the decision, w/ #MooreVHarper they have in fact normalized the court’s meddling so that if the opportunity arises, they can do so again.
#law #SCOTUS #ActivistCourt #VoteBlue #HarrisWalz2024 #landslide
