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If U.S. election winds up in Supreme Court, Ginsburg's death will loom large
Reuters ^ | Sep 20, 2020 | Joseph Ax

Posted on 09/20/2020 4:48:45 AM PDT by where's_the_Outrage?

(Reuters) - The death of liberal Supreme Court Justice Ruth Bader Ginsburg on Friday could spell bad news for Democrats if a legal battle over the results of the Nov. 3 presidential election reaches the high court, as it did in 2000.

If President Donald Trump, a Republican, is able to install a conservative replacement in time, the new justice could help resolve any dispute in favor of the president - an outcome that would deepen the country's partisan divide and threaten the court's reputation as an independent arbiter, some legal experts said.

"People's views of Bush v. Gore would be tame by comparison," said Joshua Douglas, a University of Kentucky law professor, referring to the controversial 2000 Supreme Court decision that effectively handed George W. Bush a victory. "It's almost unimaginable what the reaction would be."....

Nevertheless, Trump and his Democratic challenger, Joe Biden, have assembled sprawling legal teams to prepare for potential post-election court challenges.

(Excerpt) Read more at msn.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Government; Politics/Elections
KEYWORDS: 2020election; election; ginsburg; rbg; scotus; scotusvacancy
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Even if Trump wins overwhelmingly there will likely be court challenges. The GOP needs to be prepared.
1 posted on 09/20/2020 4:48:45 AM PDT by where's_the_Outrage?
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To: where's_the_Outrage?

Yep, plus the next court appointment after Ginsburg could very well be someone for Clearance Thomas’s seat, if he retires some day.


2 posted on 09/20/2020 4:57:04 AM PDT by Bayard
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To: where's_the_Outrage?
If President Donald Trump, a Republican, is able to install a conservative replacement in time, the new justice could help resolve any dispute in favor of the president - an outcome that would deepen the country's partisan divide and threaten the court's reputation as an independent arbiter, some legal experts said.

Nonsense. Would the Associalist Press say that if the show were on the other foot and it was the Democrats who were going to get the advantage after the new Justice was seated?

3 posted on 09/20/2020 5:00:22 AM PDT by SmokingJoe
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To: where's_the_Outrage?
(Globalist) Reuter's FUD. (Fear, Uncertainty, Doubt)

We witness the convergence of The Godless Left, The Global Fascists, and the Islamist against the Christians, Jews and some Freedom Lovers.

4 posted on 09/20/2020 5:01:26 AM PDT by Texas Fossil ((Texas is not where you were born, but a Free State of Heart, Mind & Attitude!))
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To: Bayard

When one considers the CHAOS the Democrats have programed into this election, it is absolutely essential that this position is FILLED immediately.


5 posted on 09/20/2020 5:04:13 AM PDT by CMailBag
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To: SmokingJoe

NO. The AP is always on the Globalist side. (The Left)

AP = Always Propaganda


6 posted on 09/20/2020 5:04:42 AM PDT by Texas Fossil ((Texas is not where you were born, but a Free State of Heart, Mind & Attitude!))
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To: SmokingJoe

This throws the dems Transition Integrity Coup plans into disarray. They knew they had Roberts as their ace in the hole to steal the election. If the Rinos in the senate block a RBG replacement and you have 4-4 votes on election fraud, then what?


7 posted on 09/20/2020 5:05:07 AM PDT by hardspunned (MAGA, now more than ever)
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To: Bayard

I’m guessing Justice Thomas will retire during Trump’s second term.


8 posted on 09/20/2020 5:13:42 AM PDT by captain_dave
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To: hardspunned

The Dems are screwed regardless. There is one less elitest judge who believes they should be shaping society from the bench.


9 posted on 09/20/2020 5:16:47 AM PDT by SteelPSUGOP
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To: where's_the_Outrage?

All the more reason why that vacancy must be filled before the election. Otherwise we risk a constitutional crisis with a deadlocked Supreme Court. We all know Roberts can’t be trusted.


10 posted on 09/20/2020 5:20:36 AM PDT by FLT-bird
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To: where's_the_Outrage?

Just having her out is half of the game. Now the Leftists on the Supreme Court CANNOT overturn anything from the lower courts, even if Roberts joins them - as that only results in a 4-4 decision, meaning the lower court ruling stands.

Where it’s important to Americans are hard-left rulings by the lower courts, which needs that 9th judge to overturn (assuming, again, Roberts joins the left).

So we are halfway there...perhaps a nice ‘compromise’ would be what was floated in 2016, which is a recess appointment by Trump, which would then be in place for the remainder of the year. After that, then whoever becomes president would get to permanently fill the seat. That keeps control with us through the election and vote counting, but makes it much tougher for the Democrats to make a case of the system being ‘rigged’ (although they’ll try and they’ll riot, in any case).


11 posted on 09/20/2020 5:22:55 AM PDT by BobL (I shop at Walmart and eat at McDonald's, I just don't tell anyone, like most here.)
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To: hardspunned
The court cases won't get to the Supreme Court till a few weeks after the elections. By then the new Justice will be seated. Even Susan Collins will vote confirm after her US Senate contest is settled one way or another. She'd have nothing to lose.
The time between the formal Supreme Court nomination of Sandra Day O’Connor and her final Senate confirmation was 33 days. (Aug. 19-Sep. 21, 1981).
For John Paul Stevens, the formal process took only 19 days (Nov. 28-Dec. 17, 1975).
There are 44 days until the election.
12 posted on 09/20/2020 5:28:11 AM PDT by SmokingJoe
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To: FLT-bird

Absolutely agree....but we (and the President) better make DAMN sure that Justice-appointee is going to rule CORRECTLY and CONSTITUTIONALLY.

We got screwed with Roberts. Make sure the appointee doesn’t have ANY possible things that anyone can hold over them. It’s obvious someone’s got something on Roberts, otherwise he wouldn’t have gone rogue.


13 posted on 09/20/2020 5:29:38 AM PDT by hoagy62 (DTCM&OTTH)
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To: SmokingJoe

There are other Rinos facing election who could vote against the nominee, McSally, Gardner, Tillis. Regardless, if we end up 4-4, and we have 2000 Florida type decisions to be made, what happens?


14 posted on 09/20/2020 5:36:27 AM PDT by hardspunned (MAGA, now more than ever)
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To: hardspunned

If the Rinos in the senate block a RBG replacement and you have 4-4 votes on election fraud, then what?
______________________________________________

Trump can make a recess appointment for the Supreme Court. It is allowable in the Constitution...

Not sure if it has ever been done before.

This is war for our Republic, all things are on the table.


15 posted on 09/20/2020 5:36:55 AM PDT by HypatiaTaught (Trump Card beats Race Card)
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To: where's_the_Outrage?
...deepen the partisan divide...

For real, AP?

How could it get any deeper than it is now?

16 posted on 09/20/2020 5:43:10 AM PDT by sauropod (I will not comply.)
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To: where's_the_Outrage?

....if we can trust Roberts to adhere to the Constitution.


17 posted on 09/20/2020 5:43:40 AM PDT by SoFloFreeper
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To: hardspunned

The final vote on the Supreme Court in the US Senate will probably take place after the elections, so it won’t matter who is or is not facing reelection. It will be irrelevant. The nominee will be conformed one way or another.
Any challenges to the elections will likely get to the US Supreme Court after the new conservative justice is seated. There will be no 4-4 ties.
Ted Cruz made the same point.


18 posted on 09/20/2020 5:45:57 AM PDT by SmokingJoe
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To: where's_the_Outrage?

“...an outcome that would deepen the country’s partisan divide and threaten the court’s reputation as an independent arbiter, some legal experts said.”

Notice, the Court can preserve it reputation as an independent arbiter only if it rules against Trump. This is before the case hits the Supreme Court and before the facts are known.

Now that is really an objective take on the situation.

But it reveals the rabid ideological toxicity “that lives loudly” in them.


19 posted on 09/20/2020 5:46:34 AM PDT by odawg
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To: BobL

I think we need to amend the 3rd Article of the Constitution, cementing the SCOTUS as a membership of nine maximum.

The Demon Rats will, as soon as they realize they can, create a “six more justices” law and pack it with statist millennials.


20 posted on 09/20/2020 5:47:19 AM PDT by SoFloFreeper
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