wrote separate opinions last term that allowed statutes to stand after severing problematic provisions.. The court has been involved in the election since April when it ruled 5-4 along ideological lines that absentee voting in Wisconsin could not be extended past the primary election date.More than 300 lawsuits have been filed, in nearly every state, thanks largely to problems associated with COVID-19 and the expansion of voting by mail.
Any day now, the justices are expected to decide if Pennsylvania can count mail-in ballots for three days after Election Day. A similar lawsuit in Wisconsin is headed toward the high court. Both states are crucial battlegrounds in Trump's battle against former Democratic vice president Joe Biden. Before, during and after Election Day,"It's easy to imagine the campaigns fighting over every absentee ballot," says Richard Pildes, a leading election law expert at New York University School of Law.. After privately offering her the nomination but before announcing it, Trump said,"I think this will end up in the Supreme Court, and I think it's very important we have nine justices.
That has led some liberal interest groups to argue that if she is confirmed, Barrett should recuse herself from considering election-related cases. Judges and justices generally remove themselves from a case only for more personal reasons, such as family interests or financial investments. “Trump has put Barrett in a very difficult position," says Richard Hasen, an election law expert at the University of California-Irvine School of Law."Now her objectivity in any Trump v. Biden case could reasonably be called into question.”Once the election and subsequent lawsuits are history, the justices will hope to sink back into relative obscurity. But that's unlikely to happen.
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