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Politics Trump argues his nominee needed on Supreme Court to vote on election legal challenges

00:10  24 september  2020
00:10  24 september  2020 Source:   abcnews.go.com

McConnell vows quick vote on next justice; Biden says wait

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The Supreme Court most recently decided the outcome of a presidential election in 2000, when Democrat Al Gore and Republican George W. Bush contested a number of disqualified votes in Florida. Bush became president as the result of that decision. Citing the coronavirus pandemic, Democrats

President Donald Trump said his Supreme Court nominee should get a vote before the election and it would help vulnerable GOP senators like President Donald Trump said as long as Republicans hold the Senate they can do what they want on voting for a replacement for Ruth Bader Ginsburg.

President Trump says he is so keen on having his yet-to-be-announced Supreme Court nominee confirmed by Election Day in part so that the justice would be on the bench to vote on any legal disputes related to the election.

Donald Trump wearing a suit and tie: President Donald Trump delivers remarks in honor of Bay of Pigs Veterans in the East Room of the White House, Sept. 23, 2020, in Washington, DC. © Joshua Roberts/Getty Images President Donald Trump delivers remarks in honor of Bay of Pigs Veterans in the East Room of the White House, Sept. 23, 2020, in Washington, DC.

“We need nine justices. You need that,” Trump told reporters Tuesday, as he went on to stoke baseless claims that the election will be rife with fraud.

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Lawyers representing Trump ’s campaign are challenging mail-in voting rules in a host of states, as a result of Trump 's claims that mail-in voting is more susceptible to fraud than in-person voting on Election Day. As reported yesterday, there is a growing probability that the first major test of the new

President says he hopes nominee to replace Ruth Bader Ginsburg on supreme court will be US Senator Joe Manchin, the only Democrat who voted to confirm Supreme Court Justice Brett Joe Biden argued Trump had failed in his response to coronavirus because he “panicked” rather than

“With the unsolicited millions of ballots that they're sending, it's a scam; it's a hoax. Everybody knows that. And the Democrats know it better than anybody else. So you're going to need nine justices up there. I think it's going to be very important. Because what they're doing is a hoax, with the ballots.”

Donald Trump wearing a suit and tie: President Donald Trump delivers remarks in honor of Bay of Pigs Veterans in the East Room of the White House, Sept. 23, 2020, in Washington, DC. © Joshua Roberts/Getty Images President Donald Trump delivers remarks in honor of Bay of Pigs Veterans in the East Room of the White House, Sept. 23, 2020, in Washington, DC.

He doubled down on his position on Wednesday, saying, “I think this will end up in the Supreme Court, and I think it’s very important that we have nine justices," claiming a tied court could be problematic.

“I think it's better if you go before the election because I think this scam that the Democrats are pulling, it’s a scam, this scam will be before the United States Supreme Court. And I think having a 4-4 situation is not a good situation. If you get that. I don’t know that you’d get that. I think it should be eight-to-nothing or nine-to-nothing, but just in case it would be more political than it should be,” Trump said.

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Court losses are piling up for President Trump 's environmental deregulation agenda. Those losses have actually heightened the stakes in the election and the fight over a replacement on the Supreme Court for Justice Joe Biden and Donald Trump need 270 electoral votes to reach the White House.

Vote -by-mail schemes have faced numerous legal challenges , and the Supreme Court term begins next month. In order for the full Senate to vote on Trump ’s nominee , she has to President Trump has signaled his intention to choose either Barrett, now a judge on the 7th Circuit Court of Appeals

The current court is split evenly between conservative and liberal justices so a newly confirmed justice nominated by Trump could theoretically cast a deciding vote.

a large building: The US flag flies at half-staff outside of the Supreme Court in memory of Associate Justice Ruth Bader Ginsburg, in Washington on Sept. 19, 2020. © Jose Luis Magana/AFP via Getty Images The US flag flies at half-staff outside of the Supreme Court in memory of Associate Justice Ruth Bader Ginsburg, in Washington on Sept. 19, 2020.

The Supreme Court effectively decided the 2000 presidential election when it ruled 5-4 in the case of Bush v. Gore, with conservative justices in the majority.

While the president has persisted in suggesting that “unsolicited ballots” will lead to widespread fraud in the election, his claims are overstated and misleading.

The vast majority of states -- 41 out of 50 -- require voters to request an absentee ballot before one is mailed to them. In a minority of states -- nine, plus Washington, D.C. -- ballots will be automatically mailed to registered voters this year; and of those nine states, five already held all-mail elections prior to the coronavirus pandemic.

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President Trump will likely name his Supreme Court pick on Saturday, as McConnell secures key Here’s what you need to know: In Ohio, Trump attacks Biden for ‘globalist’ policies. Grassley and Gardner will back a vote on Trump ’s Supreme Court nominee , strengthening McConnell’s hand.

While plenty of Supreme Court nominees have been confirmed in presidential elections years, none has ever been approved so close to the election Some Republican strategists said it would make more sense to proceed with hearings while holding back on a final vote until after the election to let

There is no evidence that mail-in-voting leads to widespread voter fraud.

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Trump has not previously so explicitly connected the Supreme Court nomination process to the prospect of a disputed election. Previously, he has said his rationale for an quick nomination process is because he said it is his constitutional duty and he believes it would be good for the country.

Ultimately, Senate Majority Leader Mitch McConnell will set the timetable for the Senate to consider the president’s nominee, who Trump has said he will reveal during a news conference at the White House on Saturday.

The president’s comments Tuesday came in response to a question about Democrats saying the rushed process so close to an election threatens to tear the country apart.

The president brushed off the critique -- “Oh, I don’t think so” -- before launching into an explanation of why the court may have a role to play in helping to resolve the election.

“So doing it before the election would be a very good thing because you're going to probably see it, because what they're doing is trying to sow confusion and everything else. And, you know, when they talk about Russia, China, and all these others, they will be able to do something here because paper ballots are very simple -- whether they counterfeit them, forge them, do whatever you want. It's a very serious problem,” Trump said.

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President Donald Trump said he will announce his nominee for the Supreme Court at 5 pm on Saturday. Republican Senate Leader Mitch McConnell would not promise a vote on Trump 's nomination to the Supreme Court before the election .

President Trump said Saturday his Supreme Court nominee is most likely to be a woman. On Sunday he tweeted about Alaska Sen. Charles Grassley, who also spoke against an election year vote on a nomination. Biden said millions of Americans would have voted by October 1, and their voices should

While the U.S. intelligence community has broadly warned about efforts by foreign adversaries to influence the election, there is no evidence that foreign actors are seeking to counterfeit or forge ballots, as the president baselessly suggested.

Even if a nomination is secured by Election Day, the prospect that that nominee would then sit in judgment of a case relating to the outcome of the president’s election raises concerns about politicization of the court.

The president’s former 2016 Democratic opponent, Hillary Clinton, reacted to the president’s comments in a tweet, calling on voters to challenge what she characterized as “authoritarian” behavior by the president by challenging his presidency at the polls.

“The only remedy for this blatantly authoritarian behavior is for voters to turn out for Biden-Harris in such overwhelming numbers that Trump & the GOP can't steal the election,” Clinton said in a tweet that included a video clip of Trump’s comments.

Alan Morrison, the associate dean of George Washington University Law School, said that if such an event were to come to pass, the recently confirmed justice should recuse herself from the case, though he said he has little expectation she would.

“To many people, it would look as though you were appointed by the president to be on the Supreme Court and his election is now up in front of us and people think that you could sit and judge this objectively, I think there would a lot of protests about that,” Morrison said.

ABC News Kendall Karson contributed to this report.

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