Sunday, November 08, 2020

The Election and the Courts

 The election has finally ended after an appropriately endless-seeming Election Day and Joe Biden is officially the President-Elect. However, President Trump has refused so far to concede and, instead, has announced his intent to pursue a legal battle. It is somewhat unclear on what grounds Trump plans to fight Biden’s victory, especially as he seems to hold expectations that the Supreme Court will intervene. He has alleged election fraud; however, there is no proof any fraud occurred.  

 

The Supreme Court is currently hearing a single case with ties to the elections. This case focuses on ballots that arrived after 8 pm on Tuesday in Pennsylvania. Pennsylvania decided to allow three extra days for receipt and processing, a decision to which Republicans filed an appeal. The state received around 8,000 late ballots which are being held and counted separately until the Supreme Court rules. Ultimately, this case will not affect the election results in any substantial way since Biden has received enough votes to win the state without the added late ballots. 

 

While Trump continues to explore his options, it seems unlikely that anything he could try to pursue would pan out. Biden is projected to finish with 306 electoral votes, a number well over 270. Even the expected recounts that will occur will probably favor Biden. The small number of cases related to election issues that are currently being heard by state and federal courts also will not offer Trump much hope of a legal victory for a second term.

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