General Discussion
In reply to the discussion: If Republican trickery with their refusal to certify the election, so the republican house determines the election, [View all]pat_k
(10,879 posts)Where they are arrogating power onto themselves where they have no place, no. They'll happily do that whenever they are allowed to get away with it.
In Bush v. Gore, as Breyer pointed out in his dissent, SCOTUS had no place in the process. The only thing the decision accomplished was to render the FL election incomplete under FL law, and therefore the electors appointed pursuant to it were not legitimate. It was up to Congress to pass judgment on that illegitimate appointment and toss them out.
My prediction that courts will slap down any attempt to move resolution of disputes from their realm to arbitrary election officials under rules that are so vague they are laughable could, of course, be flat wrong, but that is how I see it.
On edit: I am of course not saying that far right courts will not resolve disputes in the favor of the far right when those disputes come their way. Just that certification will be mandated and challenges left to the court. By the date set certificates of ascertainment will be issued and electoral votes conveyed to Congress. Whether those results are based on wrongheaded decisions to throw out legitimate votes remains to be seen.