The Supreme Court has demurred in multiple pandemic-related election cases this year. Some voting rights advocates worry the court's frosty attitude toward those lawsuits may add yet another obstacle to a fair election this November.
, Roberts advised then-Florida Gov. Jeb Bush during Florida's recount of the 2000 vote and later helped the George W. Bush campaign's lawyers prepare their arguments.Court Wary Of Last-Minute Election Action
"The reluctance of the court to do anything does make some sense," says John Fortier, the director of governmental studies at the Bipartisan Policy Institute."Last minute changes close to the deadline ... really do risk the possibility of making an election hard to run or messy or calling into doubt ... the outcome.".
That seemingly selective application of an otherwise uncontroversial principle has advocates like Lang worried, especially because the court seldom explains its reasoning very thoroughly in emergency decisions like these; instead, if there is any explanation at all, it is usually in a brief, unsigned opinion.
"The fact that we are trying to conduct our election in the midst of a pandemic is going to cause a continued increase in the amount of election litigation that we're going to see through this season." Says Rick Hasen, a law professor at University of California, Irvine., there have been 163 election-related lawsuits filed in 41 states and D.C. in response to the coronavirus alone.
"The real question with absentee and mail-based voting isn't should we do it? Of course we should do it. The question is, how should we do it safely?" says Michael Morley, a law professor at Florida State University. Those concerns prompted the Trump campaign to challenge the security of Pennsylvania's new vote-by-mail scheme in court, suing to require the state to take additional measures to prevent fraudulent voting. A federal judge agreed to expedite that litigation, with arguments set to begin on September 22.of voting by mail, repeatedly claiming without evidence that mail-in ballots are vulnerable to theft, tampering, and outright fraud.
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