There’s a danger that the US supreme court, not voters, picks the next president

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

It’s frighteningly easy to imagine. Kamala Harris wins Georgia. The state elections board, under the sway of its new Trump-aligned commissioners, grinds the certification process to a slow halt to investigate unfounded fraud allegations, spurring the state’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 the US supreme court using the “independent state legislature” (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, but Republicans ask the US supreme court to shut it down.

Maybe that last example was inspired by HBO’s Succession. But in this crazy year, who’s to say it couldn’t happen? The real concern is this: if you think a repeat of Bush v Gore can’t happen this year, think again.

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