There’s a danger that the US supreme court, not voters, picks the next president | David Daley
Millions of Americans will vote this fall – but six Republican justices might have the final say, in a Bush v Gore redux
It’s frighteningly easy to imagine. Kamala Harris wins Georgia. The state elections board, under the sway of its new Trump-aligned commissioners, grinds the certification process to a slow halt to investigate unfounded fraud allegations, spurring the state’s Republican legislature to select its own slate of electors.
Perhaps long lines in Philadelphia lead to the state supreme court holding polls open until everyone has a chance to vote. Before anyone knows the results, Republicans appeal to the US supreme court using the “independent state legislature” (ISL) theory, insisting that the state court overstepped its bounds and the late votes not be counted.
David Daley is the author of the new book Antidemocratic: Inside the Right’s 50 Year Plot to Control American Elections as well as Ratf**ked: Why Your Vote Doesn’t Count
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