The US elections and their uncertain path to the Supreme

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Everything was happening according to the script written by Donald Trump. In the absence of a clear winner on the day of November 3, the president of the United States contested, de facto, an electoral result that was not yet known. Not that he hadn’t warned. He already warned on September 24: that the 2020 elections would end in the Supreme Court because, he accused, the Democrats were cooking up electoral fraud.

And he said it without complexes in his appearance at dawn this Wednesday, from the White House itself, before a select audience: “We are going to go to the Supreme Court and ask that the entire vote end. We don’t want votes to be counted at four in the morning and added to the list, okay? ” The president was one step away from proclaiming himself the winner: “As far as I’m concerned, we’ve already won.”

“This is a fraud for the American people,” Trump continued, with absolutely no basis to prove his theory. The worst scenario had just been consummated after days and days in which the president had been gradually making permeate among his base – the one that forgives him everything, up to 225,000 deaths from the pandemic – the idea that the results or they favored he or they were manipulated.

“We are going to go to our lawyers,” Trump declared two days before the election. “We are going to go that same night, as soon as the elections are over,” he insisted. Before, it had already attacked the judiciary for a series of recent rulings that allowed states to continue counting votes that arrived after election day.

Now is not a bad time to threaten to resolve a dispute in the Supreme Court. Although there are serious differences with the election of this year and the one that the highest Court resolved in 2000 in the dispute between George W. Bush and Al Gore. In 2000 it was a recount, that is, the votes had to be re-counted to make sure who owned the minimum margin of victory of 537 votes in Florida. In 2020, simply put, there are perhaps millions of votes that have not yet been processed and tabulated.

After the death of Ruth Bader Ginsburg, on September 18, the Republicans raised to the category of religion the double standards they have practiced to fill with a new judge the vacancy left by the progressive judge.

In record time – Barack Obama was denied replacing a court magistrate with nine months remaining in his presidency – Republicans appointed and accepted ultra-conservative Amy Coney Barrett into Congress. Trump’s appeal to the Supreme Court as his savior to win the election comes just eight days after the Senate confirmed Barrett, 48, for the life office.

Right now, the court setup is clearly conservative (one appointed by George Bush Sr., two by George Bush Jr. and three by Donald Trump) and three progressives (one appointed by Bill Clinton and two by Barack Obama ). But even more interesting is the fact that three of those justices played a major or minor role in the Bush-Gore litigation in Florida. Chief Justice John G. Roberts and Brett M. Kavanaugh were part of the legal team that brought Bush to the White House. At the age of 28 and only three after completing her law studies, Judge Barrett was sent by the Washington office where she worked to support the lawyers of the then Governor of Texas.

Without a clear winner and with the president declared in absentia, it remains to be seen how long Trump will keep his fight. Until December 8, when are all states supposed to have their scrutinies completed? Until December 14, when the Electoral College meets? Until January 20, when the new president must be sworn in on the steps of the Capitol? Only Donald Trump knows.

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