Trump Supreme Court: Can SCOTUS change the election results?
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The Supreme Court reentered the debate around Donald Trump’s attempts to dispute the election results this year, with the President vesting renewed energy in his tweets. He has tweeted at length about bringing his complaints the country’s highest court, which he just populated with yet another conservative judge. Justices have had to weigh in on an election in the past, as their decision in 2000 handed George W Bush the first of his two terms.
Can the Supreme Court change the election results?
Supreme Court justices make decisions on some of the most divisive legislative issues in the US.
Their influence can ultimately decide the US’s path, and it has done in the past.
The sitting President has recently voiced his hopes to draw them into another executive decision – dismissing the election results.
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Pennsylvania Republicans petitioned the court to reverse the states’ decision to certify its votes, which took Joe Biden a step closer to office.
But justices threw out the case in a one-sentence rebuke, handing Mr Trump another blow in the courts.
Now, the President and his allies are pursuing a new route, with a much wider scope.
Texas’ Republican attorney general Ken Paxton led the charge against Electoral College votes in several states.
He announced he would dispute a total of 62 votes across Georgia, Michigan, Pennsylvania, and Wisconsin.
The attorney general aims to have each of these invalidated.
Overturning the results would eliminate Mr Biden’s Electoral College victory, but wouldn’t put Mr Trump back in the driving seat.
The President-Elect has 306 votes to Mr Trump’s 232, so success in the courts would leave them at 244 to 232.
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While Mr Biden would still lead in this case, he would miss out 270 Electoral College votes required to win.
But if legislators opted to award these to Mr Trump instead, he would serve a second term.
In his suit, Mr Paxton repeated many of the unfounded and disproven claims about electoral fraud and vote practices in each of these states already discounted by lower courts.
Mr Trump announced his campaign would “intervene” in the case via Twitter, claiming America “needs a victory”.
The Supreme Court does have the power to disregard these votes, but it seems increasingly unlikely they would ever accept the case.
Also, no court has ever overturned certification decisions made by a state’s governor.
Pennsylvania’s Tom Wolf has certified the results ahead of the December 14 Electoral College meet, and court filings called the suit “one of the most dramatic, disruptive invocations of judicial power in the history of the Republic.”
The filings added: “No court has ever issued an order nullifying a governor’s certification of presidential election results.”
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