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If U.S. election winds up in Supreme Court, Ginsburg's death will loom large

If U.S. election winds up in Supreme Court, Ginsburg's death will loom large

9/20/2020 2:10:00 PM

If U.S. election winds up in Supreme Court , Ginsburg's death will loom large

The death of liberal Supreme Court Justice Ruth Bader Ginsburg on Friday could spell bad news for Democrats if a legal battle over the results of the Nov. 3 presidential election reaches the high court, as it did in 2000.

If President Donald Trump, a Republican, is able to install a conservative replacement in time, the new justice could help resolve any dispute in favor of the president - an outcome that would deepen the country’s partisan divide and threaten the court’s reputation as an independent arbiter, some legal experts said.

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“People’s views of Bush v. Gore would be tame by comparison,” said Joshua Douglas, a University of Kentucky law professor, referring to the controversial 2000 Supreme Court decision that effectively handed George W. Bush a victory. “It’s almost unimaginable what the reaction would be.”

Before Ginsburg’s death, the court had a 5-4 conservative majority, so even if her seat were to remain vacant, Democrats would need two conservative votes to avoid losing or a 4-4 tie in any post-election case.The 2020 campaign has already seen more election-related lawsuits than any other in recent memory, said Dale Ho, who runs the voting rights project at the American Civil Liberties Union. Many of the cases are focused on whether to expand voting options amid the coronavirus pandemic, which has prompted millions of Americans to request mail-in ballots.

Ginsburg’s death has unleashed a heated political battle over whether Trump should replace her so close to the election, with early voting already underway in some states.A repeat of the situation in 2000, when the election came down to a few hundred votes in Florida out of 100 million cast nationwide, remains unlikely, experts said.

Nevertheless, Trump and his Democratic challenger, Joe Biden, have assembled sprawling legal teams to prepare for potential post-election court challenges. Trump has spent months asserting without evidence that the election will be “rigged” due to mail-in voting, and Biden has said he believes Trump will inevitably dispute the results.

Fueling fear among Democrats, the Supreme Court’s conservative bloc has already ruled against them in several voting rights cases this year.Slideshow( 4 images )In April, a 5-4 decision by the bloc reversed a federal judge’s decision to extend the deadline for submitting absentee ballots during Wisconsin’s primary election. That ruling drew a scathing dissent from Ginsburg, who warned it would cause “massive disenfranchisement.”

The court has also rejected emergency bids to expand voting options in Texas and Alabama, while declining to intervene in a Florida case over whether hundreds of thousands of former felons should be allowed to vote before paying fines.ROBERTS ‘DOESN’T WANT TO TOUCH THIS’

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If a post-election case winds up before the Supreme Court and Ginsburg’s replacement is not yet in place, Democrats would likely aim to persuade Chief Justice John Roberts, who is seen as the court’s swing vote, to rule in their favor.“I think just like everybody else in the country, Justice Roberts is really, really hoping the election isn’t close,” said Sylvia Albert, the director of voting and elections at the good government nonprofit Common Cause. “He does not want to touch this with a 10-foot pole.”

Roberts sided with the court’s liberal minority in several key cases earlier this year and has shown a desire to avoid turning the court into a partisan institution.If he were to join the three remaining liberals, that would create a 4-4 split, which would leave in place any lower court decision but could undermine public confidence in the Supreme Court. Republican Senator Ted Cruz said on Fox News on Friday that Trump needed to replace Ginsburg to forestall the possibility of a deadlocked court and a “constitutional crisis.”

In 2016, Cruz was among Republican senators who refused to let Democratic President Barack Obama fill a court vacancy in an election year, leaving the court with eight members. Trump’s nominee Neil Gorsuch filled that seat the following year.If a dispute around the 2020 election were to reach the Supreme Court and Ginsburg’s seat had already been filled by a Trump nominee, a ruling by the conservative majority that ensured Trump’s victory would be hard for many Americans to swallow, said Paul Smith, a Georgetown University law professor and vice president at the Campaign Legal Center, a nonprofit voter advocacy group.

“It would be terrible for the country if you have at the same time a president who is viewed as illegitimate by a large percentage of the country and a court that is seen as complicit,” said Smith.Reporting by Joseph Ax; Editing by Noeleen Walder and Daniel Wallis

Read more: Reuters Top News »

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All the more reason to fill the seat. That's why democrats need to vote in mass numbers That means Trump had sabotaged and won... Now why would the election wind up in the SCOTUS? It won’t. “Women belong in all places where decisions are being made. It shouldn’t be that women are the exception.” - Justice Ruth Bader Ginsburg

Reuters acknowledges that Democrat appointed justices are ideologues 1st and judges last. Republican Supreme Court has already shown contempt for voting rights, which is one of the reasons Neil Gorsuch was installed: * Extreme partisan gerrymandering, 5-4 * Don't count votes in WI when state send ballots late, 5-4 * States purge 17,000,000 Americans per cycle, 5-4

Who will you vote? Get to see It will loom large... For the best constitutional conservative bench in years 🇺🇸 Dems have already promised to contest the outcome “no matter what”. FillTheSeatNOW The constitution does not support Trump’s attempts to steal this election. amazing the presidential election could finish up in court. Rotten to the core me thinks

The Democrats have made it clear they will litigate the election if Trump wins. The seat must be filled. FillTheSeat Check out my Gig on Fiverr: Do You Want To create 3d Amazing Video Intro Logo Animation Video In $5 ? Contact Me : LogoAnimation MadeOnFiverr Top Logo Animation Best Logo Animation marklevinshow seanhannity Ginsburg was a first sitting Supreme Court Justice to make official newspaper comment on presidential candidate in US election ?

Since we are talking trump, does anyone wonder if RBG passed due to natural causes or was 'helped' along. The timing seems incredibly suspicious and well, with trump involved, anything is possible.

McConnell says a Trump pick to replace Ginsburg on Supreme Court would get Senate voteMitch McConnell, the Senate majority leader who refused to bring to a confirmation vote President Barack Obama's nominee to replace conservative Supreme... McConnell has such a double standard and is so unprincipled it is incredible! We all knew this would happen. When this happens it will be the darkest day in our history. With a 6-3 majority, even SCOTUS will be corrupted by this president

Supreme Court Justice Ruth Bader Ginsburg Has DiedIn her final days, Justice Ruth Bader Ginsburg told her granddaughter: 'My most fervent wish is that I will not be replaced until a new president is installed.' 💔RIP, Notorious RBG. Her legacy will never be forgotten. We need to hold this up and repeat it and hold it up and repeat it again and highlight it and repeat it again and embroider it and repeat it. That's how we honor Ruth Bader Ginsburg. Fuck that dastardly lying disingenuous Mitch McConnell. Baby killer. Ginsburg wanted to lower the age of consent to 12. Think about that. MeToo SexTrafficking Rape ChildSexSlaves

The Life Of Supreme Court Justice And Feminist Ruth Bader Ginsburg In PhotosWife, mother, justice for the highest court in the land, and a self-proclaimed 'flaming feminist litigator,' Ginsburg served on the Supreme Court for more than 25 years

Supreme Court Justice Ruth Bader Ginsburg dies, setting up nomination fightNPR reported that Ruth Bader Ginsburg dictated a statement to her granddaughter shortly before her death, in which she said: 'My most fervent wish is that I will not be replaced until a new president is installed.' 'The American people should have a voice in the selection of their next Supreme Court Justice. Therefore, this vacancy should not be filled until we have a new president.” — Mitch McConnell, March 2016. Retweet over and over This is exactly why SCOTUS should not be a lifetime appointment. She had been incapable of doing her job for over a year. She was holding up a seat for political reason. What a pos she was. May her soul Rest In Peace

'She never failed': Reaction to the death of Supreme Court Justice Ruth Bader GinsburgLawmakers, past presidents, world leaders and pundits reacted Friday night to the death of Supreme Court Associate Justice Ruth Bader Ginsburg. Here is a look at how she is being remembered.

Crowd gathered outside the Supreme Court breaks into applause to honor GinsburgWhile gathered at the steps outside of the Supreme Court , a crowd broke out into applause to honor Supreme Court Justice Ruth Bader Ginsburg, who has died at 87 RIP Justice Ruth Bader Ginsburg RIP...RBG. Are they planning her death I don’t understand