Millions of Americans will vote this fall ā but six Republican justices might have the final say, in a Bush v Gore redux
Itās frighteningly easy to imagine. Kamala Harris wins Georgia. The state elections board, under the sway of its newĀ Trump-alignedĀ commissioners, grinds the certification process toĀ a slow haltĀ to investigate unfounded fraud allegations, spurring the stateās Republican legislature to select its own slate of electors.
Perhaps long lines in Philadelphia lead to the state supreme court holding polls open until everyone has a chance to vote. Before anyone knows the results, Republicans appeal to theĀ US supreme courtĀ using the āindependent state legislatureā (ISL) theory, insisting that the state court overstepped its bounds and the late votes not be counted.
Or maybe an election evening fire at a vote counting center in Milwaukee disrupts balloting. The progressive majority on the state supreme court attempts to establish a new location, butĀ RepublicansĀ ask the US supreme court to shut it down.
Maybe that last example wasĀ inspired by HBOās Succession. But in this crazy year, whoās to say it couldnāt happen? The real concern is this: if you think a repeat of Bush v GoreĀ canāt happen this year, think again.
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