Republican-controlled legislatures in key voting states could play a favorable role in any post-election legal challenges.
As the Washington Free Beacon pointed out, while it is not easy to predict whether elections will lead to a complicated scenario that will result in a legal fight, pre-election lawsuits that may reach the Supreme Court involve the following ruling:
On the one hand, the state legislature sets the rules and procedures for the election, while the state court relaxes or alters those procedures by citing other sources of state law, and may use the CCP Virus (coronaviru) pandemic as justification.
A Supreme Court that is understaffed and controlled by state judges, however, has allowed adjustments to be made over the objections of Republican legislators and President Trump’s campaign.
A fifth vote by newly appointed Justice Amy Coney Barrett could have a favorable impact on Republican-controlled legislatures. As the Free Beacon indicated, Republicans control the House and Senate in key states such as Arizona, Florida, Pennsylvania, North Carolina, and Wisconsin.
A ruling that puts into context the differences in determinations between the legislatures and the Supreme Court regarding the elections was presented in September in Pennsylvania, where the state Legislature set a deadline of 8:00 p.m. on Election Day to establish the counting of the mail-in ballots, while a court extended the deadline by up to three days, arguing that citizens are guaranteed the right to vote.
As the Free Beacon pointed out, if Justice Barrett had been on the high court by then, she could have provided a fifth vote to keep the original Election Day deadline.
President Trump recently referred to the Supreme Court ruling on the extension of the deadline for counting mail-in ballots, saying it was a “very dangerous” decision.
“The Supreme Court decision on voting in Pennsylvania is a VERY dangerous one,” the president wrote on Twitter. He added that it “will allow rampant and unchecked cheating and will undermine our entire system of laws.”
According to The Hill, last week the justices denied a request by Republican Party lawmakers to re-evaluate as soon as possible the ruling imposed on them regarding the extension of the deadline for Pennsylvania’s vote by mail.
Barrett was unable to participate in the evaluation of the ruling since she joined the bench only a day before the court denied the Republicans’ motion to expedite. Her vote along with Justice Brett Kavanaugh’s could be decisive for the Supreme Court to consider the Republican Party’s appeal.
President Trump argues that extending the vote count 3 days after Nov. 3 means cheating.
During a rally on Monday, Nov. 2, in Scranton, Pennsylvania, President Trump said he would go to his legal advisers to take legal action against the counted votes beyond Election Day.
President Trump said, “We’re going to go in the night of—as soon as the election is over—we’re going in with our lawyers.”