“Bush up On steroids. “
This is how the Stanford law professor works Nathaniel Perceli Describes what it would look like if the election return on November 3 were inconclusive.
Pearcelli, of course, points to a US Supreme Court decision of 2000 that settled a dispute over a Florida recount and handed the presidency over to George W. Bush. Armies of attorneys flew to Florida to debate the recount, the ballot design, and whether pending votes or dark rumblings were counted on punched ballots.
This year, the prospects for a legal escalation on November 3 and beyond are already clear. The coronavirus pandemic has pushed, at least among Democrats, to make absentee voting more widely available. However, President Trump and the Republican National Committee lead the charge of restricting these efforts.
The result was Extensive litigation In state and federal courts across the country.
But as Pearcelli pointed out, the biggest battles may not yet come.
This is why both the Biden and Trump campaigns “raise the bar for attorneyship” to an unprecedented level.
Fighting “deception” and protecting “integrity”
On July 1st Biden announced He assembled a group of 600 lawyers to deal with potential “deception” in the run-up to the election.
A few weeks later, the Trump campaign announced the creation of a file Trump’s lawyers The “Protect Integrity” coalition vote in November. The formation of the coalition comes from a joint campaign between the Trump reelection committee and the Republican National Committee “Protect the Vote.”
Then, in early September, Biden escalated the legal arms race further when he announced the creation of a new legal process headed by two former attorneys general, including a “special litigation” unit. Hundreds of other attorneys will be involved, he said, including a team at Democratic law firm Perkins Coy. Eric H. Holder Jr., the attorney general during the Obama administration, will be part of the team, serving as a liaison between the campaign and the many organizations involved in legal battles across the country.
Looking beyond the elections
In the short term, these court procedures are a preoccupation for both the Biden and Trump camps. But they are also developing plans for possible post-election scenarios Bush up You look tamed.
One of Biden’s campaign concerns is that the close election count may prompt Trump to declare himself the winner even though many absentee ballots have not counted.
There are many other scenarios that could lead to a legal quagmire. Trump may assert (as he has, repeatedly) that mailed ballots are fraudulent, and Republican legislatures in potentially critical Electoral College states could simply refuse to endorse Biden’s victory on this basis.
A close conclusion could be a standoff between Vice President Mike Pence (as Speaker of the Senate) and Democratic House Speaker Nancy Pelosi and the possibility of a stalemate.
There could be street protests. There could be violence.
And it could all end up in the bosom of the Supreme Court, just as it did 20 years ago.
Nobody knows of course.
This is why both sides have advocated.