By telling Senate Republicans Saturday they’ve an obligation to fill “immediately” the Supreme Court seat left vacant by the loss of life of Ruth Bader Ginsburg, President Trump units in movement a course of that might dominate the remaining weeks of the presidential election. The situation will additional provoke core supporters for either side, but when both the GOP or Democrats are trying for extra motivation, they might do worse than to shout, “Remember the Hanging Chad!”
As battle cries go, that one may not make the blood run hotter however ought to at the least stir reminiscences. Those could be the reminiscences of the Supreme Court deciding the 2000 presidential election by settling disputes over paper ballots.
A key ruling in Bush v. Gore held that Florida’s use of various requirements for counting votes in numerous counties was unconstitutional, by a 7-2 vote. And, by a 5-Four vote, the courtroom additionally stated there was no time to repair the method earlier than the Electoral College met to certify the election.
The end result was George W. Bush received Florida’s 25 electoral votes, giving him 271 to Al Gore’s 266.
To many Americans, the case most likely looks as if historical historical past, in the event that they comprehend it in any respect, however there’s a sturdy likelihood the Supreme Court should make rulings on this presidential race, too. All the extra cause, then, why the courtroom ought to have its full complement of 9 justices.
Democrats vehemently vow to oppose the prospect of a sixth constitutional conservative on the bench, and already far-leftists are threatening violence. If nothing else, that ought to stiffen the spines of some Republican senators who’re leery of taking over the difficulty.
It is their job, and slinking into the fetal place within the face of controversy and threats is unspeakable cowardice.
Trump and Senate Majority Leader Mitch McConnell have precedents on their aspect in that historical past is sprinkled with election-year high-court nominations and confirmations when the White House and Senate are managed by the identical get together. Dem Presidents FDR and Woodrow Wilson did it, with Wilson having two nominations confirmed in 1916 as he sought re-election. However, I can’t discover any examples that got here so near Election Day as the present case.
But as Sen. Ted Cruz famous, the calendar ought to be a cause to maneuver ahead, not an excuse to delay. Cruz, a Texas Republican, argues that a 4-Four ruling in a case like Bush v. Gore would create a “constitutional disaster” and have to be prevented.
If the end result of the election relied on a courtroom ruling, which is definitely attainable given the passions and the potential machinations concerned in common mail-in voting, a tie vote on the Supreme Court may depart America with out a president and no solution to resolve the difficulty.
Politically motivated violence is already spreading, so think about what would possibly occur if the election stays undecided. America’s nice historical past of the peaceable switch of energy may very well be in danger.
If that sounds far-fetched, think about a few of the suspect selections already being made in varied states that intentionally weaken poll safety. The Pennsylvania Supreme Court, for instance, voted final week alongside get together strains (the judges are elected) that county drop bins, together with unattended ones, may very well be used to gather votes.
Gov. Tom Wolf, a Democrat, and his get together supported the measure, which reached the courtroom by lawsuits, thus avoiding GOP management of each legislative chambers.
The determination clearly opens the door to potential fraud as a result of ballots in unsecured drop bins may very well be tampered with or stolen. “This ruling shouldn’t be about making certain honest elections — it’s about permitting one get together to steal this election,” two prime state Republican legislators stated in a assertion.
New Jersey’s Democratic Gov. Phil Murphy additionally made some curious selections. A Jersey buddy despatched me a mailer he acquired that was addressed solely to “Residential Customer.”
Inside, a pamphlet from the county clerk in Bergen County stated that a Murphy order “requires” each county to mail a poll to “each lively registered voter.” That raises the possibilities of hundreds of unmarked ballots being stolen from the publish workplace or entrance porches, practices not precisely remarkable in New Jersey.
In reality, a latest Post story revealed the soiled tips and fraud dedicated by a longtime Dem operative within the state, who says mail-in ballots are a gold mine for those that need to cheat.
That turns into even simpler underneath the brand new guidelines. Jersey voters can mail their ballots again, hand ship them to polling websites by Nov. three or put them into these weak drop bins scattered round every county.
In what looks as if an invite for manipulation, the pamphlet additionally guarantees that if a poll is rejected due to a “lacking or discrepant signature,” the voter will likely be contacted and supplied the prospect to “treatment the defect” underneath guidelines “established” by the secretary of state.
Then there was this Associated Press story from Atlanta: “In a presidential election 12 months, there’s all the time a push to get folks registered to vote. For one Atlanta household, that push obtained a little attention-grabbing.
“Ron Tims stated he checked his mail Wednesday and located a voter registration utility addressed to Cody Tims — his cat, who died 12 years in the past.”
Giving a cat a poll is one factor — however a lifeless cat? The secretary of state’s workplace stated it had nothing to do with the applying, blaming “out-of-town activists” making an attempt to register voters in hopes of swaying the election. How comforting.
Although most of those selections are tied to the Corona Virus, the potential for dishonest and errors multiplies when voters are by no means required to current themselves in particular person to register or vote. Most state programs are usually not designed to deal with mass mail-in voting, which is why the selections to create new, extra-lenient guidelines on the fly are so troubling.
The argument that each vote ought to rely is legitimate solely to the extent that each voter’s identification has been verified. That is very essential in states and municipalities that enable noncitizens, together with unlawful immigrants, to vote in native elections.
It could be a crime in the event that they voted in federal elections — if they’re caught. But with the guardrails eliminated, who’s to catch them?
Because disputes are sure to emerge over how and what votes are counted in November, Trump and Joe Biden are loading up with attorneys able to combat it out in swing states.
The method makes it virtually sure some circumstances will get to federal courts, and a number of possible will make it to the excessive courtroom.
While it may appear a no-brainer for Dems to oppose a lifetime Trump nominee as they purpose to win the White House and Senate, the prospect of a deadlocked Supreme Court on the election presents an unacceptable hazard for your complete nation. Elections should be seen as honest and closing if Americans are to maintain what little religion we nonetheless have in our authorities establishments.