Elections
The Outcome of the 2020 Election May Be Decided in Court
Update: Since the publication of this story, the Trump campaign has announced that the President will request a recount in Wisconsin “immediately” due to “reports of irregularities” in some counties.
Regardless of who is declared the winner of the 2020 Presidential Election, post-election lawsuits seem inevitable.
Because of the COVID-19 pandemic, the number of mail-in ballots hit historic levels. Many key battleground states are continuing to count votes and are expected to do so for days to come following the election.
The race between incumbent Donald Trump and Democratic candidate Joe Biden, is extremely close but concern is mounting over the integrity of the U.S. election as it looks like some states will take days of tallying votes before a winner is announced.
Both sides have lawyers scattered across the country. And both sides say they are ready for a fight to make sure every ballot is counted or certain ballots are excluded from being counted. One state that will certainly be contested is Wisconsin, which is a one-percent difference between the candidates and a recount is expected, according to White House officials.
The post-election courtroom battles will challenge the status of mail-in ballots received after Election Day.
Our goal now is to ensure the integrity for the good of this nation. This is a major fraud in our nation.
President Donald Trump
Biden addressed his supporters last night emphasizing that a winner will not be declared until every ballot had been counted.
“We’re going to have to be patient until the hard work of tallying the votes is finished,” said Biden. “And it ain’t over until every vote is counted, every ballot is counted.”
Trump responded that he would be “going to the U.S. Supreme Court” over the election.
“Our goal now is to ensure the integrity for the good of this nation. This is a major fraud in our nation. We want the law to be used in a proper manner,” Trump said last night. “So we’ll be going to the US Supreme Court. We want all voting to stop. We don’t want them to find any ballots at four o’clock in the morning and add them to the list.”
Republican and democratic lawyers have been going to court up until Tuesday, fighting new procedures put into place because of the Coronavirus pandemic. There has been roughly 300 lawsuits filed before Election Day in dozens of states.
President Trump attacked the decision made by the Supreme Court on Monday allowing for an extended count of Pennsylvania mail-in ballots postmarked by Election Day.
“The Supreme Court decision on voting in Pennsylvania is a VERY dangerous one,” Trump tweeted on Monday. “It will allow rampant and unchecked cheating and will undermine our entire systems of laws. It will also induce violence in the streets. Something must be done!
North Carolina has also been arguing in court between Democrats who support extending the deadline for absentee ballots and Republicans who oppose it. The issue is a six-day extension approved by a state court — beyond the three extra days after Election Day that the Republican-controlled legislature agreed to in response to the pandemic.
Trump has insisted that the election results should be determined the evening of Nov. 3, and has been vocal about the alleged illegitimacy of mail-in voting.
On Sunday, Trump said that as soon as the polls close, “We’re going in with our lawyers.”
Trump has said that the election outcome could very well be decided in the courtroom and it appears he may be right. If the race continues to be close, the more likely the election outcome will first have to be fought out in a court of law.
You can follow Annaliese Levy on Twitter @LevyAnnaliese
After hours of debate, the House voted Wednesday night to approve a bipartisan debt-ceiling deal, taking a step toward averting a default on U.S. debt. The measure passed with 314 members voting in favor and 117 members voting in opposition. 149 Republicans and 165 Democrats voted to approve the bill, while 71 Republicans and 46 Democrats voted against it.
National Review writes the measure’s passage secures “a victory for House speaker Kevin McCarthy (R-CA), who managed to keep his caucus together despite a challenge from House Freedom Caucus members intent on securing greater spending concessions from the Biden White House.”
The bill will now head to the Senate. McCarthy said the measure is the “largest spending cut that Congress has ever voted for,” but faced opposition from members of his caucus who believe the deal “didn’t go far enough in restoring pre-Covid spending levels.”
In his speech on the House floor Wednesday before the vote, McCarthy pleaded with his colleagues to support what he had bargained for with Biden:
“They demanded a clean debt limit, which really means they spend more and you pay more in taxes. House Republicans said ‘no’,” McCarthy said.“Over the past four months, we fought hard to change how Washington works. We stopped the Democrats from writing a blank check after the largest spending binge in American history… The Fiscal Responsibility Act is the biggest spending cut in American history.”
National Review reports:
The agreement suspends the nation’s $31.4 trillion debt limit through January 1, 2025, and caps spending in the 2024 and 2025 budgets.
The nonpartisan Congressional Budget Office (CBO) has estimated that the deal will reduce budget deficits by about $1.5 trillion between 2023 and 2033. Director of the CBO Phillip Swagel projected that there would be reductions in discretionary outlays of $1.3 trillion over the 2024–2033 period. Mandatory spending would decrease by $10 billion, revenues would decrease by $2 billion over the same period, and the interest on the public debt would decline by $188 billion.
Biden warned of the consequences of default, saying what would follow would include an economic recession, devastated retirement accounts, and millions of jobs lost.
“I made clear from the start of negotiations that the only path forward was a bipartisan budget agreement,” explained Biden on Twitter. “No one got everything they wanted. But that’s the responsibility of governing.”
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