Will The Supremes Weigh In?

Created
Tue, 29/10/2024 - 09:30
Updated
Tue, 29/10/2024 - 09:30
Ian Millhiser at Vox takes a look at the history of the Supreme Court and elections in recent years and speculates that the Court will intervene on Trump’s behalf if the case is confined to one state (or more with a similar complaint) but not if there is a variety of cases in various states. He writes: [W]hat would a Supreme Court decision overthrowing the 2024 election look like? Most likely, it would look like a 2020 court dispute out of Pennsylvania. During the pandemic, the Pennsylvania Supreme Court ruled that certain ballots mailed before Election Day would be counted even if they did not arrive at an election office until up to three days after Election Day. Though the US Supreme Court has the final word on questions of federal law, each state’s highest court has the last word on questions of state law. So the Pennsylvania court’s decision should have been final because it was rooted in that court’s interpretation of Pennsylvania state law. Nevertheless, the Republican Party asked the Supreme Court to reverse the Pennsylvania court’s decision and order these ballots tossed out, and several Republican justices urged their Court to do so. Ultimately, the Court dismissed the case as moot — Biden won Pennsylvania by a large enough margin that it wouldn’t have mattered what happened to these ballots. Since then, the Court handed down its decision in Moore v. Harper (2023), a case in which the justices claimed a new power to overrule a state supreme court’s interpretation of the state’s…