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shade1k 11 points ago +11 / -0

Invalidating every mail-in ballot everywhere would be... surprising. I think people are getting a bit out over their skis with that idea, though. Invalidating the mail-in ballots in PA (especially the ones put into the system after the 3rd) seems pretty likely, but everywhere...

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deleted 6 points ago +6 / -0
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xxxMAGA420xxx 4 points ago +4 / -0

The most likely recourse is to invalidate some of the mail-in ballots. I can't see them trying to redo the entire election.

If they had to redo the election in just PA, wouldn't that created a contested election scenario?

I'm not sure if the House of Representatives would just vote on the president then or if we'd have to wait for a few months until PA's election is redone.

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shade1k 1 point ago +1 / -0

If I had to bet, I'd take the same option - invalidation of all mail-in ballots received after 8pm on the 3rd. But it's 2020 so who even knows.

It seems to have the combination of "remedies problem", "is the actual law" and "is the narrowest possible option they can take".

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deleted 7 points ago +7 / -0
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snwbrder697 7 points ago +7 / -0

I took a Constitutional Law class in college and I am by far no expert but one thing I remember very clearly is that the SCOTUS has historically allowed PR campaigns to influence their decision. This is why things like ACA or Abortion don't get struck down outright because the left would go absolutely insane.

I think there will be a lot of back door discussions about how to handle this. Democrats NEED to save face to avoid being completely obliterated in 2022 and beyond by a populace that knows they are shitbags. Even most normies know they cheated badly.

Possible outcomes:

  1. They blame glitches, miscounts, etc. and slowly start flipping states back red. Joe Biden comes on air and says he "trusts the process" and will "graciously concede". This makes him look like a better person than Trump to normies.

  2. Dems double and triple down due to extreme TDS so the Supreme Court punts to state legislatures and congress knowing Trump will win but the blame doesn't rest on the Court. Trust in the court is secondary only to trust in our election process. Still gives Dems a bad outlook because everyone knows they cheated and lost doing it. They will of course blame the outdated Constitution for their loss and screech that it needs reform.

  3. Scotus invalidates Pennsylvania early on but lets the other states slowly flip back Red. If Penn flips last then lefties will autistically screech that Scotus stole the election.

  4. SCOTUS does nothing and lets Biden win hoping for a different outcome in 2024. This is by far the worst decision as it will incite mass unrest within our society and noone will trust that we have fair and free elections.

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coolvalley2299 7 points ago +7 / -0

This is one possible outcome. Because there are no federal lawsuits involved, there is going to be some stops along the way at the federal appeal level that stop the Supreme Court from needing to get involved. There is a reason Trump appointed all the Judges at every level. Appeals court could rule in Trump's favor and the Supreme Court could simply deny review and that would be it.

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HatnNewLognReqs 1 point ago +1 / -0

Hope this is the case. Hope enough judges are loyal to the law or at least appreciate Trump at some damn level.

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RawJa777 1 point ago +1 / -0

Democrats are mad at Nancy Pelosi? Someone fill me in...

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colonial113 1 point ago +2 / -1

It is a totally real and possible avenue.

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attorneyriffic 1 point ago +1 / -0

The only thing I see for sure the Supreme Court taking up is the mail in ballot issue from Pennsylvania regarding late ballots. See the order from Alito regarding this.

The state legislatures get to make rules on the election. Not the state Supreme Court or administrative agencies. That's the Pennsylvania issue. The Pennsylvania Supreme Court made up a rule contrary to the legislature. If there are other places where the rule making power was taken from the legislature then perhaps the Supreme Court will be called to rule.

I think the rest of the strategy is shaving off illegal votes in swing states and winning the recount.

The part about the house voting is accurate.