The Supreme Court opening created by Ruth Bader Ginsburg’s death has put the potential legal issues surrounding November’s election into what newspaper writers like to call “sharp relief.” With Ginsburg gone, there will be at most four justices—Elena Kagan, Sonia Sotomayor, Stephen Breyer, and possibly the legitimacy-minded Chief Justice John Roberts—who can be counted on to reject whatever openly partisan attempts the Trump campaign might make to invalidate Democratic ballots in swing states.
Such legal fights are apparently at the core of the president’s reelection strategy. He trails Joe Biden by a wide margin in national polling and by narrower but steady margins in most of the key battleground states. If Trump is going to re-create his 2016 map, it will mean putting together a string of comeback victories that turn on tiny differences in the statewide vote counts.
It is those vote counts that his reelection campaign is already litigating in lower courts—and that he, in recent days, has started to makeabout needing a Supreme Court justice to help him mess with.
The question, then is: How much damage could an all but openly partisan Supreme Court, particularly in tandem with
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