Trump says the election 'will end up in the Supreme Court.' Election experts explain why that's so ominous.
President Trump followed up his refusal Wednesday to commit to a peaceful transfer of power if he loses in November with a prediction election experts found equally ominous. "I think this will end up in the Supreme Court, and I think it's very important that we have nine justices," Trump told reporters in the White House. "I think it's better if you go before the election, because I think this scam that the Democrats are pulling — it's a scam — this scam will be before the United States Supreme Court, and I think having a 4-4 situation is not a good situation."
Presumably the "scam" he's referring to is the expansion of mail-in ballots, a voting system he and his aides use and his campaign is encouraging his supporters to avail themselves of this year. Trump has been baselessly warning of mail-in vote fraud for months now, but he and his allies are also fighting hard in court, U.C. Irvine election law expert Richard Hasen writes at Slate, calling the situation "a five-alarm fire" and pointing to Barton Gellman's look at worst-case scenarios in The Atlantic.
The Trump team's litigation strategy "has become clear," Hasan writes: "Try to block the expansion of mail-in balloting whenever possible and, in a few key states, create enough chaos in the system and legal and political uncertainty in the results that the Supreme Court, Congress, or Republican legislatures can throw the election to Trump if the outcome is at all close or in doubt. It's a Hail Mary, but in a close enough election, we cannot count the possibility out. I've never been more worried about American democracy than I am right now."
Subscribe to The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Trump "keeps saying that he is counting on the courts, the federal courts, to help him win," and that "he's not going to wait for the ballots to be counted," MSNBC's Chris Hayes pointed out Wednesday night. He and his allies "are also making this part of their explicit argument to fill Ruth Bader Ginsburg's seat on the Supreme Court. ... The Republicans already have a 5-3 majority of the court, but apparently they do not trust Chief Justice John Roberts to be enough of a hack to corruptly hand them the White House."
"I know, it sounds like dystopian science fiction," Hayes concluded, but "before you get paralyzed by this nightmare scenario," the "off-ramp" is "delivering a resounding, unquestionable defeat of the president."
Sign up for Today's Best Articles in your inbox
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
Why Bhutan hopes tourists will put a smile back on its face
Under The Radar The 'kingdom of happiness' is facing economic problems and unprecedented emigration
By Chas Newkey-Burden, The Week UK Published
-
7 beautiful towns to visit in Switzerland during the holidays
The Week Recommends Find bliss in these charming Swiss locales that blend the traditional with the modern
By Catherine Garcia, The Week US Published
-
The Week contest: Werewolf bill
Puzzles and Quizzes
By The Week US Published
-
Has the Taliban banned women from speaking?
Today's Big Question 'Rambling' message about 'bizarre' restriction joins series of recent decrees that amount to silencing of Afghanistan's women
By Harriet Marsden, The Week UK Published
-
Cuba's energy crisis
The Explainer Already beset by a host of issues, the island nation is struggling with nationwide blackouts
By Rebekah Evans, The Week UK Published
-
Putin's fixation with shamans
Under the Radar Secretive Russian leader, said to be fascinated with occult and pagan rituals, allegedly asked for blessing over nuclear weapons
By Harriet Marsden, The Week UK Published
-
Chimpanzees are dying of human diseases
Under the radar Great apes are vulnerable to human pathogens thanks to genetic similarity, increased contact and no immunity
By Harriet Marsden, The Week UK Published
-
Deaths of Jesse Baird and Luke Davies hang over Sydney's Mardi Gras
The Explainer Police officer, the former partner of TV presenter victim, charged with two counts of murder after turning himself in
By Austin Chen, The Week UK Published
-
Quiz of The Week: 24 February - 1 March
Puzzles and Quizzes Have you been paying attention to The Week's news?
By Sorcha Bradley, The Week UK Published
-
Will mounting discontent affect Iran election?
Today's Big Question Low turnout is expected in poll seen as crucial test for Tehran's leadership
By Sorcha Bradley, The Week UK Published
-
Sweden clears final NATO hurdle with Hungary vote
Speed Read Hungary's parliament overwhelmingly approved Sweden's accession to NATO
By Peter Weber, The Week US Published