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mahatmakanejeeves

(57,600 posts)
Sun Oct 11, 2020, 01:33 PM Oct 2020

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 would’ve been president

Now she could do Bush v Gore 2.0 for Trump



POLITICS
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. “I’m 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 it’s very important that we have nine justices.”

Given Trump’s slide in the polls, a replay of 2000’s Bush v. Gore debacle could be the only way he wins. It’s 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. Bush’s 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 aren’t on the president’s 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 Trump’s current assault on mail voting. But there’s a certain consistency here: Republicans will take whatever stance on mail ballots maximizes their electoral chances. And Barrett’s work in 2000 suggests she might be willing to play along.

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Trump Wants a Repeat of Bush v. Gore. Amy Coney Barrett Might Make It Happen. (Original Post) mahatmakanejeeves Oct 2020 OP
There will not be a 635 vote differential this time redstateblues Oct 2020 #1
If the people vote and the results are resounding.... ProudMNDemocrat Oct 2020 #2
This!👆 SheltieLover Oct 2020 #4
There's a big difference between pulling a fast one... regnaD kciN Oct 2020 #3
Not a chance vercetti2021 Oct 2020 #5
Politico...say no more. Always with the 2 sided BS!! Thekaspervote Oct 2020 #6
I it is a one state difference, sure that's possible jorgevlorgan Oct 2020 #7
Nope. Nope. Double dog Nope. Not gonna happen like 2000. Fiendish Thingy Oct 2020 #8
This message was self-deleted by its author Fiendish Thingy Oct 2020 #9
This is gonna be the Handmaid's FAIL Blue Owl Oct 2020 #10

regnaD kciN

(26,045 posts)
3. There's a big difference between pulling a fast one...
Sun Oct 11, 2020, 01:38 PM
Oct 2020

...when the popular vote margin is 0.5% and when it’s 7.5%.

jorgevlorgan

(8,329 posts)
7. I it is a one state difference, sure that's possible
Sun Oct 11, 2020, 02:10 PM
Oct 2020

If it is a 5 state difference with overwhelming margins, it is unlikely. Let's work towards the latter.

Fiendish Thingy

(15,655 posts)
8. Nope. Nope. Double dog Nope. Not gonna happen like 2000.
Sun Oct 11, 2020, 02:18 PM
Oct 2020

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 can’t 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)

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