General Discussion
In reply to the discussion: This is now a full blown Constitutional crisis and needs to go to the SCOTUS [View all]onenote
(46,139 posts)First, by its own terms, Bush v. Gore is not precedent for anything. The decision says so on its face.
Second, although I, along with millions, think the court should never have taken the case under the political question doctrine and, in any event, misinterpreted the Constitutional provisions at issue), in that case there was an actual legal theory, based on actual Constitutional provisions (the Equal Protection Clause and Article II, clause 1, Section 2 of the Constitution , on which the parties made their case. The Supreme Court isn't a free agent that gets to intervene in cases where there is no Constitutional basis.
Third, there are issues of standing -- who has standing to bring the suit? We know from the birther suits that not just anyone can challenge whether someone should be president.
Finally, one can't sue for speculative harm. Reports that Trump may do this or may do that starting January 20 aren't going to provide any basis for taking any form of judicial action against him. While not extending either the NNSA administrator or the Principal Deputy would be foolish, it's not illegal and, until January 20 we can't know whether or not they actually won't be extended or whether, if they're not, an acting head hasn't been named from within the agency to replace them. (The NNSA has gone without a confirmed Administrator in the past, with an acting administrator assuming the role during the interim).
I'm in no way defending anything Trump and his band of evil have done or may do. I'm just pointing out that dreaming of a Supreme Court intervention is just that -- dreaming. Contrary to your statement, short of Trump himself deciding not to take the oath of office, there actually is not time -- or the means -- to stop him from doing so otherwise.
Finally, even if Trump was indicted between now and the 20th, which seems highly improbable, it wouldn't prevent him from taking the oath of office. And even if Trump doesn't take the oath of office, Pence still could and presumably would, and would be the president per the Constitution.