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Politics Supreme Court is shorthanded but could play key role in election

20:46  20 september  2020
20:46  20 september  2020 Source:   usatoday.com

McConnell vows quick vote on next justice; Biden says wait

  McConnell vows quick vote on next justice; Biden says wait WASHINGTON (AP) — The death of Supreme Court Justice Ruth Bader Ginsburg just six weeks before the election cast an immediate spotlight on the crucial high court vacancy, with Senate Majority Leader Mitch McConnell quickly vowing to bring to a vote whoever President Donald Trump nominates. Democratic nominee Joe Biden vigorously disagreed, declaring that "voters should pick the president and the president should pick the justice to consider.” require(["medianetNativeAdOnArticle"], function (medianetNativeAdOnArticle) { medianetNativeAdOnArticle.getMedianetNativeAds(true); }); McConnell, who sets the calendar in the U.S.

The NWO will absolutely be playing the Supreme Court nominating process to benefit the continuation of their crooked agenda The globalists want you to be run down and unhealthy so they can dominate your life. Fight back with one of nature's greatest essentials.

The death of Justice Ruth Bader Ginsburg shifts further to the right a court that already took a largely conservative stance on questions of voting rights.Credit Ethan Miller/Getty Images.

WASHINGTON – A presidential election riddled with rampant court challenges and ripe for more now faces a Supreme Court with an empty chair.

The death Friday of Associate Justice Ruth Bader Ginsburg adds an additional layer of intrigue to a pandemic-infused campaign that's been challenged from Alabama to Wisconsin, prompting the justices to resolve political disputes they would rather sidestep.

Is 8 enough? Court vacancy could roil possible election case

  Is 8 enough? Court vacancy could roil possible election case WASHINGTON (AP) — Justice Ruth Bader Ginsburg's death has left the Supreme Court shorthanded during a polarizing presidential campaign in which President Donald Trump has already suggested he may not accept the outcome and the court could be called on to step in and decide the fate of the nation. It's the second time in four years that a justice has died during an election year, though that eight-justice court was not asked to referee any election disputes in 2016. Today, both sides have armies of lawyers ready to take the outcome to court.

The death of Supreme Court Justice Ruth Bader Ginsburg dramatically changed the election as both candidates headed to battleground states. Republican Senator Lindsey Graham says he believes his role in the confirmation process for a new Supreme Court justice will likely bolster his reelection bid.

Supreme Court declines to give the Little Sisters of the Poor, or any other religious nonprofit, the plenary right to avoid all cooperation with the contraception-coverage mandate. Photo: Drew Angerer/Bloomberg via Getty Images.

More than 300 lawsuits have been filed, in nearly every state, thanks largely to problems associated with COVID-19 and the expansion of voting by mail. That has led Republicans, including President Donald Trump's reelection campaign, to demand limits while Democrats push for further opportunities.

a group of people standing in front of a building: TOPSHOT - Flowers, candles, and signs are pictured at a makeshift memorial outside of the US Supreme Court as people pay their respects to Ruth Bader Ginsburg in Washington, DC on September 19, 2020. - US President Donald Trump vowed to quickly nominate a successor, likely a woman, to replace late Supreme Court Justice Ruth Bader Ginsburg, only a day after the death of the liberal stalwart. (Photo by Jose Luis Magana / AFP) (Photo by JOSE LUIS MAGANA/AFP via Getty Images) ORG XMIT: 0 ORIG FILE ID: AFP_8QC7DU.jpg © JOSE LUIS MAGANA, AFP via Getty Images TOPSHOT - Flowers, candles, and signs are pictured at a makeshift memorial outside of the US Supreme Court as people pay their respects to Ruth Bader Ginsburg in Washington, DC on September 19, 2020. - US President Donald Trump vowed to quickly nominate a successor, likely a woman, to replace late Supreme Court Justice Ruth Bader Ginsburg, only a day after the death of the liberal stalwart. (Photo by Jose Luis Magana / AFP) (Photo by JOSE LUIS MAGANA/AFP via Getty Images) ORG XMIT: 0 ORIG FILE ID: AFP_8QC7DU.jpg

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And the nation's ever-rising political polarization and reckless claims on social media make it even more likely that local, state and federal elections will wind up in court, not only in the weeks leading up to Election Day but in the days and weeks thereafter.

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  Fact check: Viral posts falsely claim Ruth Bader Ginsburg had already died Supreme Court Justice Ruth Bader Ginsburg died Sept. 18, but some viral posts falsely claim she died up to 2 years ago.Ruth Bader Ginsburg reflects on being 'notorious' in first appearance since cancer treatment

Certainly they can , but they are required to not publically annouce whom they voted for nor their opinions on political issues in order to As noted by Cliff, casting a vote in an election is not a conflict of interest and is not prohibited. The justices are citizens and have rights to participate in elections .

The Supreme Court , as well as being the final court of appeal, plays an important role in the development of United Kingdom law. As an appeal court , The Supreme Court cannot consider a case unless a relevant order has been made in a lower court .

"I don’t think the Supreme Court wants this fight," said Justin Levitt, a professor at Loyola Law School in Los Angeles who specializes in voting rights. "There’s lots of chaos in this election. I don’t think the court wants anything to do with that."

But the justices have been involved in election lawsuits since April, when they ruled 5-4 along ideological lines that absentee voting in Wisconsin could not be extended past the primary election date. The decision forced those who had not received absentee ballots to visit polling places during the early days of the pandemic or forfeit their votes.

Since then, the high court has issued stopgap rulings on issues ranging from absentee ballot witnesses in Alabama and petition signatures in Idaho to felons' voting rights in Florida and mail ballots for senior citizens in Texas.

Justices on RBG: 'A superb judge' who 'inspired us all'

It won't end there: On Wednesday, the Trump administration said it would ask the high court to allow the exclusion of undocumented immigrants from the census count used to allocate seats in Congress. And a federal judge in Washington state blocked U.S. Postal Service actions that he warned could lead to voter disenfranchisement.

Bush v. Gore redux?

The Supreme Court has been here before. In 2000, its 5-4 ruling in Bush v. Gore stopped Florida's recount and handed the presidency to George W. Bush by a margin of 537 votes there. But at least it had nine justices involved.

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3 presidential election , making the prospect of a so-called lame duck Senate installing the next Supreme Court justice unlikely. Whelan defended the Republicans’ right to push the Supreme Court pick through despite their 2016 refusal to consider Obama nominee Merrick Garland for the court on

With the court shorthanded for the time being, the court ’s three remaining Democratic appointees would now need two Republican-appointed colleagues to President Donald Trump signaled Saturday night that he expects federal judges to play a key role in achieving a definitive result within hours of

More: What if there's a tie? How the Supreme Court works when there are only 8 justices

Since then, the court allowed Ohio Republicans to challenge voters at the polls in 2004. It upheld Indiana's photo identification law in 2008. In 2014, it let restrictions passed by Republican legislatures stand in North Carolina, Ohio and Texas while blocking them in Wisconsin.

If a major case that could determine the election reaches the court this fall or winter, it either will be shorthanded – raising the potential of a tie vote – or be controlled by a new, six-member conservative majority installed by the president and Senate Republicans.

More: Trump says he will nominate a woman to the Supreme Court next week

Three of the closest battleground states in the nation – Pennsylvania, Michigan and Wisconsin – could become the Florida of 2020. Rules in all three states prevent mailed ballots from being counted until Election Day. That could lead Trump to declare victory before a "blue wave" of votes for Democratic nominee Joe Biden appears.

More: Some Democrats warn Trump may use 'red mirage' to prematurely declare victory

“The possibility that we could have another Florida is maybe heightened a little bit” because of the expected onslaught of absentee ballots, said Dale Ho, director of the voting rights project at the American Civil Liberties Union. "The possibilities just get too crazy."

Voting rights advocates feared a Supreme Court showdown long before Ginsburg succumbed to metastatic pancreatic cancer Friday evening.

Justice Ruth Bader Ginsburg returns to Supreme Court for final time

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President Donald Trump said his Supreme Court nominee should get a vote before the election When you have the Senate you can do what you want: Donald Trump says vote on his Supreme Tillis is also on the Judiciary Committee, meaning he'll have a high-profile role in the confirmation

President Trump said Saturday his Supreme Court nominee is most likely to be a woman. She was proof that courage and conviction and moral clarity can change not just the law, but also the world. If he succeeds, insurers could once again discriminate or drop coverage completely for people.

More: Ginsburg battled five bouts against cancer over two decades

The Supreme Court's rulings on voting rights have been among its most controversial. After Chief Justice John Roberts' 2013 opinion in an Alabama case wiped out the key section of the Voting Rights Act, several Southern states with a history of discrimination imposed new restrictions.

Last year, Roberts again led a 5-4 majority to rule that federal courts may not intervene to block even the most partisan legislative district maps drawn by state lawmakers, a decision that allowed partisan gerrymandering to continue, unless state courts decide to intervene under state law. It was a dramatic withdrawal from the political battles that have consumed states for decades, and it was loudly denounced by the court's liberal justices.

More: Supreme Court says federal courts cannot strike down partisan gerrymandering

And in July, the court temporarily blocked a federal district judge's ruling that would have let Florida felons who completed their sentences vote in upcoming elections despite owing fees, fines or restitution. The U.S. Court of Appeals for the 11th Circuit last week reversed the lower court, keeping in effect the state's requirement that felons pay up before voting. Judge Barbara Lagoa, who Trump is considering for Ginsburg's Supreme Court seat, was in the majority in that appeals court ruling.

The knives come out

In recent weeks of this year's White House race, lawsuits are flying over how ballots and ballot applications are distributed, witnessed and signed. Once Election Day comes and goes, the litigation will focus on how the ballots are delivered, collected and counted.

“When an election is close, everybody pulls out their knives, and it’s a total fight over every ballot," said Thor Hearne, a conservative election litigator.

Fact check: 'Kingdom of God' comment by SCOTUS contender Amy Coney Barrett is missing context in meme

  Fact check: 'Kingdom of God' comment by SCOTUS contender Amy Coney Barrett is missing context in meme A 2006 remark about the "Kingdom of God" is missing context in a meme that also falsely attributes views on ending separation of church and state. The widely cited reference to Barrett encouraging a “Kingdom of God” is taken out of context. Fact check: No guarantee Obama would've replaced Ginsburg with a progressive justice Amy Coney Barrett’s religious and judicial views Barrett is a conservative and a favorite among the religious right. Trump appointed Barrett to a be a federal appeals court judge in 2017, and she has since ruled in over 100 cases.

Speculation about legal battles even extends to an obscure 19th-century law called the Electoral Count Act that sets rules for Congress to resolve potential disputes in December between competing slates of electors from the same state//. Faced with such a battle, the House of Representatives could emerge deadlocked in early January, increasing the need for court action.

More: Supreme Court rules presidential electors can be forced to uphold popular vote

Nothing would prevent a shorthanded court from tackling lawsuits before, during or after the election. But if the justices were deadlocked, the lower court rulings would stand.

The day before Ginsburg's death, Associate Justice Stephen Breyer was asked during an online event sponsored by George Washington University Law School about the potential of lawsuits reaching the high court.

Breyer's advice? "Deal with the case when it comes up," he said. "Don't deal with it on the basis of what's said in the newspaper."

This article originally appeared on USA TODAY: Supreme Court is shorthanded but could play key role in election


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