Sunday, 20 Sep 2020 07:55 PM MYT
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.
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.
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.
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.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.
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.”
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