Millions of Americans will vote this fall ā€“ but six Republican justices might have the final say, in a Bush v Gore redux

Itā€™s frighteningly easy to imagine. Kamala Harris wins Georgia. The state elections board, under the sway of its newĀ Trump-alignedĀ commissioners, grinds the certification process toĀ a slow haltĀ to investigate unfounded fraud allegations, spurring the stateā€™s Republican legislature to select its own slate of electors.

Perhaps long lines in Philadelphia lead to the state supreme court holding polls open until everyone has a chance to vote. Before anyone knows the results, Republicans appeal to theĀ US supreme courtĀ using the ā€œindependent state legislatureā€ (ISL) theory, insisting that the state court overstepped its bounds and the late votes not be counted.

Or maybe an election evening fire at a vote counting center in Milwaukee disrupts balloting. The progressive majority on the state supreme court attempts to establish a new location, butĀ RepublicansĀ ask the US supreme court to shut it down.

Maybe that last example wasĀ inspired by HBOā€™s Succession. But in this crazy year, whoā€™s to say it couldnā€™t happen? The real concern is this: if you think a repeat of Bush v GoreĀ canā€™t happen this year, think again.


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