Trump’s tweet goes to the guts of the political and authorized case he’s been making all 12 months. However there are issues along with his argument: it goes towards each election in American historical past, it has no authorized foundation, and it’s part of his politicized disinformation marketing campaign about election safety, which is commonly contradicted by the federal authorities’s personal prime election safety officers.
There may be nothing nefarious to “think about.” Counting ballots after Election Day occurs in actually each nationwide election. It has by no means been the case that each vote is counted on election night time. The “outcomes” you usually hear on that night time are literally information media predictions with zero authorized weight. Formally licensed outcomes are available in days or even weeks later as all ballots are counted.
It’s the counting of ballots that’s at concern earlier than the Supreme Court docket. Coping with a worsening pandemic, record-breaking mail-in voting, and a US Postal Service faltering below a current Trump donor put in as its chief, some states have tried to take care of the issues by extending the time for legitimate ballots to be counted.
Democrats and court docket liberals have supported expanded voting guidelines in hopes of adapting to this unprecedented election problem. Republicans and court docket conservatives, in the meantime, have usually opposed rule adjustments enacted by state legislatures even once they’re pushed by state election officers.
The rulings thus far
Right here’s how the Supreme Court docket has dominated in current instances that may outline the 2020 election.
Pennsylvania, October 20: The Republicans misplaced a swing-state battle final week. The state supreme court docket had dominated that mail ballots might be obtained three days previous Election Day, after the Postal Service stated that supply delays risked disenfranchisement across the state. Who made the ruling is a key theme right here: If extensions come from the states, they have an inclination to succeed earlier than the Supreme Court docket; if they arrive from the federal authorities, they fail.
Alabama, October 22: A statewide ban on curbside voting—through which disabled people drive as much as a polling place and drop off their ballots—was allowed to face. The ban initially got here from the Alabama secretary of state, who was in dispute with a federal court docket over whether or not the ban violated the Individuals with Disabilities Act. The state prevailed right here over dissent from the Supreme Court docket’s liberals.
Wisconsin, October 26: As we lately reported, the Supreme Court docket declined to increase the deadline for counting of mail-in votes in Wisconsin, a victory for Republicans who introduced the authorized problem. This explicit extension order initially got here from a federal choose in September, a vital level that the conservatives on the court docket all agreed on: federal courts shouldn’t micromanage state-run elections.
Pennsylvania, October 28: The US Supreme Court docket declined a Republican request to expedite a overview of Pennsylvania’s mail-in poll deadlines—the case it had dominated on the earlier week. However the concern will not be gone for good: conservative justices left the door open to the opportunity of revisiting the case after the election, and Pennsylvania officers are segregating ballots obtained after Election Day in case of simply such a authorized battle. If the vote is shut in Pennsylvania, you may guess this may rear its head as soon as once more.
North Carolina, October 29: Democrats gained the same case just a few days later in a 5-Three resolution, with Chief Justice Roberts becoming a member of the extra liberal justices in permitting North Carolina to obtain and depend votes as much as 9 days after Election Day. This extension, from three days to 9 days, got here from the state’s board of elections. That, to Roberts, in the end made the distinction.
The close to future
“I believe this may find yourself within the Supreme Court docket,” Trump predicted final month.
Amy Coney Barrett hasn’t participated in any of the 5 main voting rulings, however she’s certain to be concerned sooner or later, and will definitely play a task in any authorized dispute after Election Day. President Trump has made it clear that’s the place sees the battle going after the polls are closed.