Bloomberg Law
Will the Supreme Court Be Deciding the Presidential Election?
Oct 29, 2024
Greg Stohr and Lydia Wheeler, Bloomberg Supreme Court reporters, dive into the critical role the Supreme Court may play in the upcoming presidential election. They discuss the court's cautious stance on election disputes, referencing past cases like Bush v. Gore. The rising focus on history and tradition in court decisions is explored, along with its implications for legal education. Additionally, they touch on controversial rulings in Pennsylvania and the potential impact of originalism on future court interpretations.
32:00
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Quick takeaways
- Concerns about the Supreme Court's ability to maintain political neutrality are intensified by its involvement in past election-related decisions like Bush v. Gore.
- The Court's historical and originalist interpretation approach is making it challenging for lower courts to navigate modern electoral disputes effectively.
Deep dives
Impact of Supreme Court on Election Cases
Concerns exist regarding the Supreme Court's involvement in election-related cases as it approaches the 2024 presidential election. Many voters lack confidence in the Court's ability to remain politically neutral, especially in the context of significant historical decisions like Bush v. Gore, which was determined by a razor-thin margin of votes. Experts suggest that the legal frameworks and mathematics involved in current electoral disputes render a repeat of such an iconic case unlikely. Additionally, the Court's previous reluctance to engage in election-related challenges, as seen in the 2020 elections, indicates a desire to avoid creating further judicial chaos.
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