From what we have seen, it is clear that if Trump loses the elections, he will not make it easy to pack his bags and leave the White House. In fact he has already put marching his army of lawyers to present a tough judicial battle that is presumed long and of uncertain outcome, which will contribute to increasing uncertainty and political destabilization in the country.
Trump, who proclaimed himself the winner just hours after polling stations closed, has announced that he will take the results of some states to justice. “We will go to the Supreme Court. We want the entire voting process to stop,” he announced after accusing the Democrats, without any proof, that they were preparing “electoral fraud.”
The “electoral fraud” and the great distrust in the vote by mail – more than 62 million, the Democratic majority – is nothing new. The president sent the first message long ago. You probably already saw then, in the midst of the pandemic crisis and with the economy – one of his great successes as president – in free fall, that the November elections were not going to be a walk.
Formed by nine judges, the highest court in the country He is the ultimate interpreter of the Constitution and has the authorization to endorse or not an electoral process that is in doubt. The High Court is a body that is strongly politicized, since the magistrates are elected in a process very controlled by the president of the country whom the Constitution gives you the power to designate your components. The magistrate is later ratified by the Senate.
The positions are for life. Only due to disability due to health issues or in case of death they are replaced. This was the case last September, with the progessist judge, Ruth Bader Ginsburg, who was replaced by Amy Coney Barrett as the new magistrate, thus securing an overwhelming conservative majority in court, from 6 to 3.
The president rushed to take over, for obvious reasons he did not want to wait until after the elections, for fear of losing them, and Barret was ratified by the Senate with 52 votes in favor and 48 against, just 40 days after Ginsburg’s death. . During his four years in office, Trump also had the opportunity to elect two other justices, Neil Gorsuch and Bright Kavanaugh, like Barret of the harder conservative line.
Antecendent Bush-Al Gore
To reach the Supreme Court, the battle for votes will not be the first time in the history of the country. In recent times, the presidential elections of 2000, in which Republican George W. Bush and Democrat Al Gore were vying for the White House, the court intervened in the dispute of the votes in Florida, which was very tight, with a difference of only 537 ballots. Al Gore then demanded a recount in a number of counties, but Bush objected.
The legal battle lasted five weeks, in which several courts were involved. One from Florida agreed with the Republicans, but the State Supreme rectified the ruling and then ordered to recount the votes.
It was then that Bush decided to go to the federal Supreme Court, which on December 9 of that year ordered that the count be stopped, since it has the capacity to rectify the decisions of the state courts, considering manual counts unconstitutional.