Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
36 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Can SCOTUS really overturn an election? (Original Post) MoonRiver Oct 2020 OP
They did it in 2000 Marthe48 Oct 2020 #1
The election hadn't been decided when SCOTUS interfered. MoonRiver Oct 2020 #3
they don't need no stinkin' authority Marthe48 Oct 2020 #6
Bush v Gore stopped RECOUNTING ballots Fiendish Thingy Oct 2020 #21
The supreme court stepped in and made the decision Marthe48 Oct 2020 #34
Don't forget the ruling was about RECOUNTS, not the initial tally. Nt Fiendish Thingy Oct 2020 #35
that is a very thin distinction Voltaire2 Oct 2020 #28
Their last legitimate victory was Ike. PSPS Oct 2020 #14
Let me ask Al Gore. DFW Oct 2020 #2
+1 dalton99a Oct 2020 #8
No shit! EOM TruckFump Oct 2020 #11
If they want a real Civil War, sure why not. C_U_L8R Oct 2020 #4
I would imagine, since nobody seems to be able to stop the GOP. woodsprite Oct 2020 #5
Overturn? Doubtful TexasBushwhacker Oct 2020 #7
Not doubtful. . . they are laying the groundwork. pat_k Oct 2020 #12
What they did yesterday was legal but wrong... lame54 Oct 2020 #24
If things start getting really crazy, we could see Roberts move toward the center TexasBushwhacker Oct 2020 #36
Of course. The treasonous six black-robed traitors. . . pat_k Oct 2020 #9
I have an idea Marthe48 Oct 2020 #16
Lol, true that! Keep chalk away from Kornacki! MoonRiver Oct 2020 #17
There's tremendous incentive for news networks to "call" elections early. Laelth Oct 2020 #19
I wasn't saying a government mandate Marthe48 Oct 2020 #32
I hope all "non-Fox" media pat_k Oct 2020 #25
Well said Marthe48 Oct 2020 #33
yes, but not directly... getagrip_already Oct 2020 #10
Our remedy -- win the House and Senate & on Jan 6 toss out unlawfully appointed electors pat_k Oct 2020 #18
The problem with that is how many house seats and senate seats will they steal NewsCenter28 Oct 2020 #22
Yes. pat_k Oct 2020 #29
See Bush v Gore COLGATE4 Oct 2020 #13
Yes edhopper Oct 2020 #15
Nope. Fiendish Thingy Oct 2020 #20
Brett Kavanaugh, CNN Mtbar Oct 2020 #23
We act like Americans and vote. denbot Oct 2020 #27
No chance in a landslide tidal wave beachbumbob Oct 2020 #26
They have already been there and done that. . . . BigDemVoter Oct 2020 #30
If they can contest 3 or 4 states, maybe NorthOf270 Oct 2020 #31

MoonRiver

(36,926 posts)
3. The election hadn't been decided when SCOTUS interfered.
Tue Oct 27, 2020, 02:42 PM
Oct 2020

They stopped the vote counting in Florida. If an election is clearly decided in 2020, I doubt they would have any authority to overturn it.

Marthe48

(16,950 posts)
6. they don't need no stinkin' authority
Tue Oct 27, 2020, 02:47 PM
Oct 2020

if the masters want trump reinstalled, they will move earth and hell to do it.


(I'm dealing with suppressed rage lately, which breeds anxiety)

Marthe48

(16,950 posts)
34. The supreme court stepped in and made the decision
Tue Oct 27, 2020, 06:00 PM
Oct 2020

Don't forget that the court decided, not the candidates.

PSPS

(13,595 posts)
14. Their last legitimate victory was Ike.
Tue Oct 27, 2020, 03:09 PM
Oct 2020

Every GOP president after Ike "won" via lying, cheating and stealing. Saint Ronnie, for example, colluded with the Iranians.

dalton99a

(81,485 posts)
8. +1
Tue Oct 27, 2020, 02:51 PM
Oct 2020
Although we may never know with complete certainty the identity of the winner of this year's Presidential election, the identity of the loser is perfectly clear. It is the Nation's confidence in the judge as an impartial guardian of the rule of law.
-Justice John Paul Stevens [Dissent] Bush v. Gore (2000)


Particularly notable was Justice Ruth Bader Ginsburg’s dissent, which she ended with “I dissent” rather than the traditional “I respectfully dissent.”

C_U_L8R

(45,002 posts)
4. If they want a real Civil War, sure why not.
Tue Oct 27, 2020, 02:43 PM
Oct 2020

Best not to underestimate the rightwing's desperation and depravity.

woodsprite

(11,914 posts)
5. I would imagine, since nobody seems to be able to stop the GOP.
Tue Oct 27, 2020, 02:46 PM
Oct 2020

They can trample the people and no one would make anything happen. When there exist no sense of morals, no ethics, no compassion, there is nothing they won't destroy to stay in power -- even if it destroys our country, kills our people, and hastens the death of the planet.

TexasBushwhacker

(20,186 posts)
7. Overturn? Doubtful
Tue Oct 27, 2020, 02:47 PM
Oct 2020

What happened in 2000 was that Florida was so close that a recount was started. Bush objected to this because in the first count he was the winner. Had they done recounts only in counties that were very close, Bush still would have won. Had they done a recount of ALL the ballots, Gore would have won.

https://en.wikipedia.org/wiki/Bush_v._Gore

lame54

(35,287 posts)
24. What they did yesterday was legal but wrong...
Tue Oct 27, 2020, 03:41 PM
Oct 2020

100% ethically wrong

A most blatant display of hypocrisy

But it was legal and that's all they care about

Since the SCOTUS is the final word on what's legal

It could happen

pat_k

(9,313 posts)
9. Of course. The treasonous six black-robed traitors. . .
Tue Oct 27, 2020, 02:55 PM
Oct 2020

. . .have already stated their "new" legal principle in the Wisconsin decision: Votes that "flip" election day outcome shouldn't be counted."

“Those States want to avoid the chaos and suspicions of impropriety that can ensue if thousands of absentee ballots flow in after election day and potentially flip the results of an election,”


And this is echoed by Trump's "good and proper" to make election day results "official" -- no matter how many votes remain to be counted. This is their "go to." They know it is insane, but with six on the court to endorse it, they are laying the groundwork.

It's FL 2000 on steroids. Stop counting legitimate votes because it could "flip" Bush's victory.

Our ONLY remedy if they pull it off is to win the House and Senate, and TOSS OUT the electors from any state that fails to count every legitimate vote. It doesn't matter what SCOTUS says. When it comes to determining the legality of the appointment of electors, it is up to Congress.

Congress utterly failed to do their duty in 2000 and toss out the electors appointed pursuant to an incomplete, and therefore unlawful election, in FL. They cannot fail to preserve democracy this time if the black-robbed traitors attempt to pull off a coup again.

And the NEXT step would be to impeach the traitors on the court for attempting to overturn the will of the people. If you didn't read it back in 2001, read "None Dare Call It Treason" (Nation article or later book)

Marthe48

(16,950 posts)
16. I have an idea
Tue Oct 27, 2020, 03:13 PM
Oct 2020

Don't call the states until every vote is counted.

The election results can be announced when every single vote is counted, instead of 5 minutes after Steve Kornacki gets a piece of chalk.

Laelth

(32,017 posts)
19. There's tremendous incentive for news networks to "call" elections early.
Tue Oct 27, 2020, 03:25 PM
Oct 2020

They want to beat their competition to “the scoop.” There is no law that would allow the government to “prevent” news networks from making such calls. In fact, it would probably violate the First Amendment for the government to even attempt to prevent the networks from “calling” state elections before all votes are counted.

I don’t see any way that your proposal could work.



-Laelth

Marthe48

(16,950 posts)
32. I wasn't saying a government mandate
Tue Oct 27, 2020, 05:54 PM
Oct 2020

I was talking about the good old days. I remember the local newsrooms in Cleveland, Ohio being full of chalkboards, and the news teams tirelessly changing the tallies. But we kids had to go to bed before all the votes were in. Had to wait till the next day to hear who had won.

Even though the news media starts calling winners as soon as the last poll closes, they still stay on the election story tirelessly. I wouldn't mind waiting in suspense awhile if it meant votes were counted. I know it won't happen. In 2000, r's wanted the late votes counted. In 2020, they don't. They are again, trying to have their cake and eat it. I hope they choke on it.

pat_k

(9,313 posts)
25. I hope all "non-Fox" media
Tue Oct 27, 2020, 03:45 PM
Oct 2020

. . . make it absolutely clear that WHATEVER the totals they report, the count if far from over.

At this point, if anyone you know is planning to mail their ballot, encourage them to vote in person if it is an option. Or if they must send a ballot, get it to a DROP BOX.

We can guarantee that ballots sent by mail are likely to be delayed a week or more.

State law on counting no longer matters. There WILL be challenges in every state that uses the postmark, rather than arrival, as the requirement. And the black-robbed traitors on SCOTUS will find some insane premise on which to rule any state law that allows counting of ballots that arrive after election day unconstitutional.

With SCOTUS poised to render reasonable state law unconstitutional, we have passed the point that a mailed in ballot will "make it" in time to be counted.

Marthe48

(16,950 posts)
33. Well said
Tue Oct 27, 2020, 05:58 PM
Oct 2020

I am not stressing about my ballot. I got my absentee ballot in early October, filled it in and took it to the drop box. Vote tracking in ohio says it was accepted. I'm lucky I can still do things like that. Some people are going to have trouble getting from one place to the other.

getagrip_already

(14,750 posts)
10. yes, but not directly...
Tue Oct 27, 2020, 02:56 PM
Oct 2020

They couldn't say for example that biden lost and trump won. That question won't be posed.

What they could do though, and this is an extreme case just to make a point, is rule that ALL early voting is unconstitutional and only in person, day of election votes can be counted.

You see, the constitution doesn't mention early voting. That is a legal construct refined over generations.

Bang, advantage GOP.

They could also make many smaller targeted ruling affecting one state or another, effectively throwing out a substantial number of early votes.

They could also declare that "aternative" ec slates be ruled as the ones to include in the final tally, for "reasons".

They can and will work around the edges to throw this thing. They have zero reason not to and their majority on the court to protect.

pat_k

(9,313 posts)
18. Our remedy -- win the House and Senate & on Jan 6 toss out unlawfully appointed electors
Tue Oct 27, 2020, 03:20 PM
Oct 2020

. . . It is ultimately up to Congress to determine the legitimacy of the appointment of electors. SCOTUS interference with the vote count does not make an election "legal." It is the duty of every member of congress to judge the appointment of electors and count only those deemed legitimate.

This is the only "good" thing about the electoral college. . . the counting of the electors is supposed to be a backstop against malfeasance by a state.

Congress failed us when they failed to toss out the FL electors in 2000 (as Justice Breyer essentially instructed them to do in his dissent). If 5 or 6 black robbed traitors attempt to pull off a coup again, Congress CANNOT fail us this time.

And the follow up: impeach the traitorous justices that attempted to pull off the coup.

NewsCenter28

(1,835 posts)
22. The problem with that is how many house seats and senate seats will they steal
Tue Oct 27, 2020, 03:35 PM
Oct 2020

When they toss out all VBM results?

pat_k

(9,313 posts)
29. Yes.
Tue Oct 27, 2020, 04:00 PM
Oct 2020

My guess is that any election in which the lead in the polls in under 5% is at risk of theft. This is a very nerve wracking time. I hope I am wrong, and that Democratic enthusiasm and determination is enough to overcome their "vote subtraction" tactics.

Something else we need to keep in mind is that we need to be very careful about our messaging that results must be "gracefully" accepted. We need to make it clear that we will contest elections plagued by systematic disenfranchisement. (Not phony "voter fraud," but real, provable, "vote subtraction" tactics.)

We should also be doing a lot more to protest the long lines we are seeing. Too many are lauding these lines. Yes, it's great to see the turnout, but the lines are engineered. We only see the people standing on line. We don't see those who are discouraged from voting by the lines. And the more we cheer the "big turnout," and the more we predict this is the harbinger of a Biden victory, the more we give voters a reason to turn around and go home when faced with a line. (Look, there are so many voting, Biden is a shoe in. There is so much enthusiasm, Biden will win without my vote).



Fiendish Thingy

(15,607 posts)
20. Nope.
Tue Oct 27, 2020, 03:30 PM
Oct 2020

They can only rule on legal procedure and rights violations, not winners/losers, that is up to the states and congress.

 

Mtbar

(4 posts)
23. Brett Kavanaugh, CNN
Tue Oct 27, 2020, 03:37 PM
Oct 2020

Hi I hope that I don't say anything malicious, I'm new. CNN reported this morning that Brett Kavanaugh may have shown his hand when it came to stop counting votes on election day and throw the election for Donald Trump. I wonder if it's time to start drawing gunsights over photos of Brett Kavanaugh in the same way that Sarah Palin drew gunsights over the pictures of Gabby Gifford days before she and others were gunned down in an Arizona parking lot? Or course Sarah Palin was never charged with instigating that violence because she was Presidential candidate John McCain's pick for vp. If it were you or me, the armed body guards of the psychopath in the oval office would be breaking into our homes in the middle of the night to riddle us with bullets like we were Breonna Taylor. But then that's the price we pay to live in an open and free society. So what do we do if the 'good riddance to bad garbage' elites destroy the election results? These are the people that belong to a very special, private club whose members don't have to pay taxes. We don't add up to a tinker's damn on our best of days. All we have is the election. So what do we do? Mtbar

denbot

(9,899 posts)
27. We act like Americans and vote.
Tue Oct 27, 2020, 03:55 PM
Oct 2020

Biden has a legal team ready to go. After that if they try something egregious, we can do a general strike, and escalate until our democracy is restored.

 

NorthOf270

(290 posts)
31. If they can contest 3 or 4 states, maybe
Tue Oct 27, 2020, 04:29 PM
Oct 2020

We know this court will rule in favor of Trump on everything.

Latest Discussions»General Discussion»Can SCOTUS really overtur...