The coming election will be decided in the Supreme Court. Everyone has known for months that the Democrats know that Trump will win on election day, and the hope for the Democrats was to overturn that election with mail in ballots. This would throw the election into the courts- both sides have been posturing and engaging in legal maneuvering for months.

This has been destined to go all the way to SCOTUS for months. Previously, the Democrats counted on having four justices vote to install Biden and, along with the ability to flip Roberts, assure a Biden win with a 5-4 decision. That hope died with Ginsberg. Let me explain:

If the Republicans name a replacement, they don’t need Roberts- the vote will be 5-4, even without him.

If the Republicans DON’T name a replacement, Roberts can’t flip without tying the court 4-4. This would mean the lower court decision- whatever it was- stands. That would be devastating for the power and prestige of SCOTUS and will DESTROY Roberts’ legacy in the history books. He would forever be known as the Chief Justice that punted on a court decision that affected a Presidential election. For that reason, Roberts is unlikely to destroy the legacy of a Roberts court by flipping. He will decide with the only majority available to him- the four conservative justices.

Whether or not the Republicans name a replacement, the immediate damage has already been done. The Democrat hopes of stealing this election just died with Ginsberg. The left knows it- the temper tantrums have already begun. 

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1 Comment

Don Curton · September 19, 2020 at 10:48 pm

Nice analysis. I was talking to my wife earlier that's Trump's biggest legacy was appointing conservative judges. He has taken away the liberals biggest tool in advancing their agenda. They are going nuts over it.

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