Trump Wants a Repeat of Bush v. Gore. Amy Coney Barrett Might Make It Happen.
Hat tip, Joe.My.God.
New: Amy Coney Barrett defended Bush-Cheney during 2000 Florida recount when Republicans illegally altered 1000s of mail ballot request forms for GOP voters
If GOP lost cases Gore wouldve been president
Now she could do Bush v Gore 2.0 for Trump
Link to tweet
6 HOURS AGO
Trump Wants a Repeat of Bush v. Gore. Amy Coney Barrett Might Make It Happen.
In 2000, when the GOP liked mail-in ballots, she defended them. Now she could strike them down.
ARI BERMAN
Senior Reporter
President Donald Trump has said he wants the Supreme Court to intervene on his behalf in any post-election dispute over the counting of ballots. Im counting on them to look at the ballots, definitely, he said at the first presidential debate. And he wants Amy Coney Barrett swiftly confirmed before the election to ensure such an outcome. I think this will end up in the Supreme Court, he said on September 23. And I think its very important that we have nine justices.
Given Trumps slide in the polls, a replay of 2000s Bush v. Gore debacle could be the only way he wins. Its not hard to imagine the court once again installing a Republican president; indeed, a number of conservative justices are steeped in this history. Justices John Roberts and Brett Kavanaugh worked on George W. Bushs legal team during the 2000 Florida recount and successfully intervened to stop Democratic ballots from being counted. If confirmed, Barrett would be a third justice who worked for Republicans during the Florida recount, increasing the likelihood that the court, with a 6-3 conservative majority, would side with Trump in a post-election dispute, even if the facts and the law arent on the presidents side.
On her questionnaire for the Senate Judiciary Committee, Barrett said she provided research and briefing assistance on Bush v. Gore as a young associate with Miller, Cassidy, Larroca & Lewin. (The firm later merged with Baker Botts, run by longtime GOP powerbroker James Baker, who oversaw the recount for Bush.) I worked on the case on location in Florida for about a week at the outset of the litigation, she wrote.
Barrett said she worked in Florida with Stuart Levey, a partner at the firm who is now head of the Libra Association, a cryptocurrency organization started by Facebook. According to court records and interviews with lawyers involved in the 2000 recount, Levey and Barrett worked not just on Bush v. Gore but on two little-known but pivotal related cases during the recount. In those cases, Republicans sought to count mail ballots that were disputed by Democrats because of evidence that Republican operatives had altered incomplete absentee ballot request forms. That position stands in sharp contrast to Trumps current assault on mail voting. But theres a certain consistency here: Republicans will take whatever stance on mail ballots maximizes their electoral chances. And Barretts work in 2000 suggests she might be willing to play along.
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redstateblues
(10,565 posts)ProudMNDemocrat
(16,789 posts)The Supreme Court will not be needed.
SheltieLover
(57,073 posts)regnaD kciN
(26,045 posts)...when the popular vote margin is 0.5% and when its 7.5%.
vercetti2021
(10,156 posts)If Biden nets over 360 EV. No case can be made whatsoever. Trump loses, Biden is elected.
Thekaspervote
(32,791 posts)jorgevlorgan
(8,329 posts)If it is a 5 state difference with overwhelming margins, it is unlikely. Let's work towards the latter.
Fiendish Thingy
(15,655 posts)The 2000 ruling was on equal protection for a recount, not an initial count.
SCOTUS only got involved after Bush v. Gore exhausted all appeals in state court regarding proper procedure for a recount in a razor thin (535 votes) contest.
In 2020, SCOTUS will have no jurisdiction to interfere with the initial counting and certification of ballots (prove me wrong!). Biden has leads in the rust belt state beyond the margin of error, and is getting close to that in Florida. The SOS will certify the results and governor will appoint the appropriate slate of Biden electors, and SCOTUS cant do anything about it.
Not sure what the recount rules are in each of the battleground states but they usually boil down to:
1) no recount by the state unless the margin is less than 0.5%, or
2) the candidate pays for a recount themselves.
Response to mahatmakanejeeves (Original post)
Fiendish Thingy This message was self-deleted by its author.
Blue Owl
(50,491 posts)n/t