Question: Could GOP-controlled SCOTUS cancel the election?

[dutch508]

DetlefK (15,460 posts)
https://www.democraticunderground.com/100213275691

Question: Could GOP-controlled SCOTUS cancel the election?
Trump is going out of his way to let the USPS go bankrupt. The GOP just rejected a coronavirus-stimulus-bill that would have paid for the USPS permanently, allowing only for a $10 billion loan.



Picture this:

1. The coronavirus-vaccine is estimated to be developed in a few months, but there's the question whether there will be mass-production and mass-delivery of the vaccine in time for the election. From what I have read, there's a fairly good chance the coronavirus-pandemic might still be around in November 2020.

2. The only way to actually hold the election would be by mail.

3. The USPS is gone. Vote by mail is impossible.

4. Citing that the election cannot be held safely, Trump asks SCOTUS to postpone the election until it can be held safely.



Is this legally-speaking possible?

 

Star Member jberryhill (61,780 posts)

1. No


Once again, the federal government does not conduct elections.

Each time you see a thread where someone wants to insist it is possible, add to the end of each dumb hypothetical, "...and Governors Cuomo, Newsom, etc. will say, 'oh, okay, shucks we'll just go along with that.'"

Elections are conducted by the states. They are not calling off their elections.

It is at this point where someone says "What about Bush v. Gore?" in thorough ignorance that the outcome of Bush v. Gore was to affirm the Florida Secretary of State's certification of the election results.

 

Star Member Hortensis (37,697 posts)

22. Yes, except the other big question is what could they get away with

even though unconstitutional? SCOTUS's right wing is now that corrupt and extremist.

 

quickesst (5,297 posts)

4. doesn't look like it

Here is an article from the LA Times concerning that very question.
*********
Could Trump delay the November election? Not without risking forfeit to a Democrat

WASHINGTON —
Can Trump use the national emergency to delay the election?

No. The president does not have that power. Legal scholars are widely in agreement on this point, as are both Republican and Democratic election officials. The nonpartisan Congressional Research Service reached the same conclusion when it investigated the question in the aftermath of 9/11.

Under the U.S. Constitution, Trump and Vice President Mike Pence cannot stay in office past their four-year terms without being reelected. If the election does not happen for any reason, constitutional rules of succession kick in.

That could mean a lawmaker down the line of succession who is not up for reelection could be the new president. That person very well could be a Democrat, and installing a the Democrat in the White House is not an outcome Trump or any partisan Republican seeks
“The 20th Amendment says if we have not chosen a president by a certain date, it goes to succession,” said Rick Hasen, an election law scholar at UC Irvine. “It’s not like a delay would keep Trump in office longer.https://www.latimes.com/politics/story/2020-03-17/no-trump-cant-postpone-the-november-election-but-thats-the-first-question

Star Member lark (15,333 posts)

6. It's not "could" they, it's will they.

Of course it's not legal, but SCOTUS is already approving unconstitutional drumpf doings because they are fascist Russian Repugs and they will just up the ante further with their scurrilous nation destroying rulings. If drumpf declares martial law, they will 100% support him, it's who and what the 5 asses are.

cbdo2007 (8,564 posts)

7. The election will happen but Trump will insist it is unfair and tie it up in courts for months/years

and stay in charge until the Supreme Court rules who the winner is. That's what he does. He doesn't get things cancelled, he argues, complains, blames, and drags things on and on until people get tired of fighting.

Star Member Takket (11,367 posts)

10. If that happens Pelosi is President Jan 2021 when drumpf's term ends.

 

Star Member obamanut2012 (17,061 posts)

17. Doesn't matter, he will still cease to be President

And will be escorted out, and President Pelosi will be sworn in. Period.

 

Star Member obamanut2012 (17,061 posts)

16. No, and this continual fear mongering about it is counter-productive

fescuerescue (1,957 posts)

21. Yes they could. Absolutely 100% they can

The constitution only says what the Supreme Court says it says.

If the Supreme Court says it's ok to cancel this election, that that's it. It's DONE. No appeal, No review.


In the end, we DO have a dictatorship of 9 people who are beyond review.

It's worked ok so far. And many times, the SC has created rights for us that we hold dearly.

But it can work against us to.

Just ask AL Gore.

(edit to add: I don't think they will do such a thing, but they have the power.)

(I also didn't think they would interfere in the Florida state election and hand it to Bush. But they did)

getagrip_already (5,042 posts)

38. I disagree with "it isn't possible" - at least not directly

The SCOTUS can't do anything on their own, they can only issue rulings on matters of federal law and the constitution presented to them. Elections are handled by the states, and it is up to state governors to hold elections. But the election does need to be certified. Failing that, the process gets murky.

So they can't vote to cancel anything on their own.

But, if a case comes to them pitting federal orders against a states right to hold an election, or contesting the certification of a partial election, they could decide to side with the wh and in effect order a postponement or nullify the results.

They would have to do handsprings wrt to the wording of the constitution, but hey, it's only words on paper vs. words on paper.

Once they rule, no matter how egregiously, it becomes the final word on the law. Period. End of story.

But they could just say that elections are actually not required since there is a mechanism for the states to directly elect a president. All it takes is a vote from each state in the house, and the election is official.

Of course, each state only gets one vote, so it becomes a vote that the republicans will ultimately control. There would surely be a republican selected potus.

And thus it could come that there would be no popular election, but a potus would still be elected, aided and abetted by the SCOTUS.

Unless the house somehow manages to not hold that vote until the 20th, at which point the potus and vp terms end and the next in succession would be the speaker of the house. But again, with no certified results, and their terms ending in early january, who would even be speaker?

Again, a decision for scotus.

 

[Mary Ann]

Good grief. This question has been ask--AND ANSWERED--probably about 1,000 times on DU. They don't want to believe the answer because ORANGE MAN BAD!!!!

[FiddyBeowulf]

fescuerescue (1,957 posts)

21. Yes they could. Absolutely 100% they can

The constitution only says what the Supreme Court says it says.

It is a good thing there are strict constitutionalists on the US Supreme Court then, right DUmmies?
 

[txradioguy]

fescuerescue (1,957 posts)

21. Yes they could. Absolutely 100% they can

The constitution only says what the Supreme Court says it says.

Your stunning lack of civics knowledge and lack of education about the Constitution is amazing.

[I_B_Perky]

Why yes Dummies... yes they can.  All part of the master plan to eradicate you worthless pukes from the face of the Earth.

My suggestion?  Off yourself ASAP.

5 cents please.

[DUmpDiver]

If SCOTUS canceled the election they'd be saving the DEM party a lot of embarrassment.

[GOP Congress]

To be blunt, Republicans are favored to win the Senate back and almost as importantly to reclaim the HOUSE, particularly if Democrats remain batsh!t crazy. As long as mail-in ballots are decided on a federal level then Trump wins bigtime. So it is highly unlikely Trump would stop the election even if he were allowed to.