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Will Amy Coney Barrett ensure Donald Trump's reelection? POTUS could challenge results in Supreme Court if he loses

'I certainly hope that all members of the committee have more confidence in my integrity than to think that I would allow myself to be used as a pawn to decide this election for the American people,' Barrett said at her confirmation hearing
UPDATED NOV 4, 2020
(Getty Images)
(Getty Images)

Amy Coney Barrett, who was the supreme court nominee who was appointed by President Donald Trump to fill the seat of the late Justice Ruth Bader Ginsberg and was confirmed by the Senate to the Supreme Court just days before Election Day. Now, experts suggest that she could prove to be key in ensuring that the POTUS receives a second term in the White House, even if he were to lose the election.

Despite the votes being tallied in crucial battleground states, Trump already delivered a shock to the nation when he prematurely declared himself the winner in the presidential race during his election night address and threatened to move to the SCOTUS to stop the process of counting the remaining votes duly cast. This statement by the POTUS was not a complete shocker as he has suggested in the past that the outcome of the election could be ultimately decided by the Supreme Court. 

At a White House event back on Sept. 23, five days after the passing of Ginsburg, as liberals insisted that her seat be filled only after the elections, Trump told reporters that a new justice was needed to be installed as quickly as possible, insinuating the fact that doing so could help swing the result of the presidential race in his favor if any challenges were to arise later on. 

U.S. President Donald Trump (L) arrives to introduce 7th U.S. Circuit Court Judge Amy Coney Barrett as his nominee to the Supreme Court in the Rose Garden at the White House September 26, 2020 in Washington, DC. (Getty Images)

It is important to note that even if Trump wins neither the popular vote nor the electoral college, he would still have a third way to stay back in the White House as whoever loses the election has the option to contest the result and challenge it in the Supreme Court. With that possibility in mind, Trump said back then, “I think this will end up in the Supreme Court. And I think it’s very important that we have nine justices." He added that any attempt by Democrats to have all votes counted could be “a scam." “This scam will be before the United States Supreme Court,” Trump said. “I think having a 4-4 situation is not a good situation, if you get that.”

A week later, he said, “I’m counting on them (the justices) to look at the ballots, definitely." After that, on October 30, he tweeted, "If Sleepy Joe Biden is actually elected President, the 4 Justices (plus1) that helped make such a ridiculous win possible would be relegated to sitting on not only a heavily PACKED COURT, but probably a REVOLVING COURT as well. At least the many new Justices will be Radical Left!"



 

With the confirmation of Barrett on the Supreme Court, the SCOTUS leaned 6-3 in favor of the Republicans. During her confirmation hearing before the Senate Judiciary Committee, Barrett was asked whether Trump’s statements made it unfair for her to participate in any challenge arising from the election. “I certainly hope that all members of the committee have more confidence in my integrity than to think that I would allow myself to be used as a pawn to decide this election for the American people,” she said at the hearing.

Legal experts have expressed concern over where ACB's loyalties lie, given that she was nominated by the president and whether the public would end up viewing the SCOTUS as just another arm of the executive branch if she does not recuse herself in the matters of possible conflicts arising from the election. “If Barrett does not recuse herself, she will harm the court and she will harm her own reputation,” Stephen Gillers, a professor at New York University School of Law and an expert on ethical rules governing attorneys and judges, told Boston Globe. 

However, Dr. Gina Yannitell Reinhardt from the Department of Government at the University of Essex, told Mirror that it was highly unlikely that the election would be concluded in front of the SCOTUS. "This can end up in the Supreme Court and will be up to them to make a decision. The Supreme Court is very conservative and the decision will be taken by three justices," she said. "I don't think it's very likely because I think the election will be decisive enough that the Supreme Court wouldn't be comfortable invalidating the election. I don't think Trump would have a lot of ground to stand on and there's a chance he won't contest the result at all, for example, if it's a landslide and people around him convince him that he would look ridiculous."

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