The risk that robed lifetime appointees will resolve next week’s election is neither trivial nor probable. It lies somewhere in-between.Common sense dictates that in a contested election between Donald Trump and Joe Biden, the Supreme Court’s instinct would be for self-preservation.
FILE PHOTO: Judge Amy Coney Barrett speaks after being nominated to the US Supreme Court by President Donald Trump. But survival is not the only instinct. One clashing impulse would be to prevent a constitutional breakdown.Failing that, the chances of a rash of court battles over vote counts is high. The Supreme Court has ruled on cases involving four states in the past month alone.Although it upheld Pennsylvania’s three-day extension for postal ballots, the court left itself wiggle room to return to the issue next month.The stated logic behind some of these rulings have not been reassuring.
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