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Could courts again decide the US election?

Published

4 years ago

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by Paul Handley

Democrats and Republicans girded Wednesday for a legal showdown to decide the winner of the tight presidential race between Republican Donald Trump and Democrat Joe Biden.

After Trump declared he was ready to go to the US Supreme Court to dispute the vote counting, his campaign announced a recount demand in Wisconsin and lawsuits in Michigan and Pennsylvania, three states critical to winning the presidency.

US networks have called Michigan and Wisconsin for Biden, while Pennsylvania remains a tossup.

Late Wednesday the Trump campaign filed suit in a fourth battleground, Georgia, as the president’s lead there shrank to less than a percentage point.

Trump’s behavior raised the specter of the election ultimately being decided, as in 2000, by a Supreme Court ruling on how states can tally votes.

The lawsuits

The Trump campaign lawsuits attack a unique aspect of the 2020 election — that millions of voters cast mail-in ballots because of the coronavirus pandemic.

The Covid-19 threat forced states to promote mailed ballots and change rules on how they would be collected, verified and tabulated.

That included extending the periods for receiving ballots, due to an overburdened US Postal Service, adding time for vote-counting.

The Republicans say some of those changes were decided or implemented improperly and in ways that favor Democrats.

In Pennsylvania the Trump campaign said it would join an existing Republican suit over the state’s deadline extension for receiving mail-in ballots.

If successful, they have the potential to disqualify tens of thousands of ballots that arrived after November 3.

The Pennsylvania Supreme Court ruled that the extension legal, and last week the US Supreme Court declined to get involved.

But the high court left the door open for a post-election challenge.

Trump’s campaign also said it was suing to have Pennsylvania ballot counting temporarily halted, alleging the process was being hidden by Democrats. In Philadelphia the counting was live-streamed.

And they sued over changes to voter identification — made to adjust to the pandemic — saying it violated the election code.

In Michigan, the Trump campaign sued to halt ballot counting saying they were not given “meaningful access.”

The Georgia suit wants counties to “separate any and all late-arriving ballots from all legally cast ballots” that arrived by the 7:00 pm Election Day deadline, Trump deputy campaign manager Justin Clark said.

Can courts decide the election?

In 2000 the White House contest between Republican George Bush and Democrat Al Gore rested on one state: Florida.

With Bush ahead by just 537 votes, and with problems with the state’s punch-card ballots, the Gore campaign sought a statewide recount.

The Bush campaign appealed the case to the US Supreme Court, which ruled to effectively block the full recount, handing Florida — and the election — to Bush.

Experts say such lawsuits are only practical if focused on a real problem and the vote gap is narrow.

If the margin separating candidates in that state is two or three percentage points — say, a 100,000 vote difference in Pennsylvania — “that’s pretty difficult to be litigating at the end of the day,” said Derek Muller, a law professor at the University of Iowa.

However, said Muller, “if it comes down to one state, then I would expect really serious litigation.”

Skittish Supreme Court

If a campaign or candidate sues over state regulations, it has to first exhaust its options in the state justice system before heading to federal court and the US Supreme Court.

By piggybacking on the existing ballot extension case, the Trump campaign  has raised its chances of reaching the high court.

But the Supreme Court has been cautious over involvement in voting matters that are decided by states, and is aware that it risked its standing as an independent body by effectively handing the 2000 election to Bush.

A case would put the political leanings of the court’s six conservative and three liberal justices in the spotlight — especially on Amy Coney Barrett, who joined the court only last month.

Trump said he rushed her appointment in part so she could be in place to hear any election cases.

The Supreme Court felt like it needed to intervene in 2000, “but it’s not necessarily clear they would feel the same way today,” said Muller.

– AFP

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International

Iran fires 180 missiles at Israel in response to escalating tensions

Iran fired 180 missiles at Israel on Tuesday (1 Oct), claiming it was retaliation for Israeli airstrikes and assassinations of key figures in Gaza, Lebanon, and Tehran. Most missiles were intercepted, but Israel vowed retaliation. The United States condemned the attack as a “significant escalation,” heightening concerns of a broader conflict.

Published

4 days ago

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2 October 2024

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Iran launched a large-scale missile attack against Israel on Tuesday (1 Oct), escalating tensions in the already volatile region.

According to the Israel Defense Forces (IDF), around 180 projectiles were fired at Israel, prompting a coordinated missile defence effort with the United States.

Israel’s military spokesman, Rear Admiral Daniel Hagari, confirmed that the nation’s air defences successfully intercepted the majority of the Iranian missiles.

However, some projectiles reached central and southern Israel, causing minor injuries to two civilians.

In the West Bank, Palestinian officials reported the death of a Palestinian man near Jericho after being struck by a missile, though it remains unclear which side was responsible for that particular strike.

The Iranian Revolutionary Guard Corps (IRGC) confirmed the strike, stating that it targeted “vital military and security installations.”

Iran claimed that Tuesday’s missile strikes were in retaliation for the recent deaths of key figures from Hezbollah, Hamas, and the Iranian military.

It specifically referenced Hezbollah leader Hassan Nasrallah and Revolutionary Guard General Abbas Nilforushan, both of whom were killed in an Israeli airstrike last week in Beirut.

The operation also cited the assassination of Hamas leader Ismail Haniyeh, who was reportedly killed in Tehran in a suspected Israeli attack in July.

In response to the missile strikes, Israel’s Prime Minister Benjamin Netanyahu warned that Iran had made a “big mistake” and would face severe consequences for the attack.

“Iran made a big mistake tonight—and it will pay for it,” Netanyahu said.

“The regime in Iran does not understand our determination to defend ourselves and retaliate against our enemies.”

His remarks strongly signaled that Israeli retaliation was imminent, increasing concerns about a potential spiral into a broader regional war.

Iran defended its actions, with President Masoud Pezeshkian posting on social media that the missile strikes were a defensive response to Israeli provocations.

“Let Netanyahu know that Iran is not a belligerent, but it stands firmly against any threat. This is only a corner of our power,” Pezeshkian stated, warning Israel not to enter into further conflict with Iran.

On the international front, US National Security Advisor Jake Sullivan characterized Iran’s attack as a significant escalation, but noted that it had been effectively neutralized by Israel’s missile defense systems.

“At this point this attack appears to have been defeated and ineffective,” Sullivan remarked, though he acknowledged the seriousness of the situation.

US President Joe Biden reiterated the United States’ support for Israel, but stressed that his administration was in close consultation with Israeli officials to determine an appropriate response.

“We’re going to get all the data straight,” Biden said.

“We’re in constant contact with the Israeli government and our counterparts, and that remains to be seen.”

Iran’s mission to the United Nations issued a statement on Wednesday (2 Oct) defending its missile operation as a “legal, rational, and legitimate response” to Israel’s actions.

In a post on X (formerly Twitter), the mission warned that any retaliatory actions by Israel would trigger a more severe Iranian response.

“Should the Zionist regime dare to respond or commit further acts of malevolence, a subsequent and crushing response will ensue,” the mission stated.

The message also advised other regional actors and supporters of Israel to distance themselves from the Israeli government.

Military bases in Tel Aviv, targeted in the strike, have sustained structural damage, according to the IRGC. However, these claims have not been independently verified.

Videos on X (formerly Twitter) show missiles intercepted and hitting ground targets, contrary to Israel’s claim of no damage done.

International reactions have also begun to emerge. United Nations Secretary-General Antonio Guterres expressed deep concern over the continued escalation, calling for an immediate ceasefire. In a message posted on X (formerly Twitter), Guterres stated, “This broadening of the Middle East conflict must stop.”

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International

World leaders urge Israel to halt Lebanon offensive amid escalating conflict

On 1 October 2024, Israel launched airstrikes on southern Lebanon, killing at least 95 people and injuring 172. The attacks, aimed at Hezbollah’s military infrastructure, have sparked international concern. World leaders, including US President Joe Biden, are calling for a ceasefire, warning that further escalation could lead to a regional catastrophe.

Published

5 days ago

on

1 October 2024

By

Israel launched a series of airstrikes and artillery bombardments on southern Lebanon, resulting in the deaths of at least 95 people and injuries to 172 others.

The attacks, which began early on Tuesday (1 Oct), are part of Israel’s ongoing conflict with Hezbollah, the Iranian-backed militant group that operates in Lebanon.

The strikes were aimed at Hezbollah’s military infrastructure in the region and marked a significant escalation in the hostilities between Israel and the group.

According to the Israel Defense Forces (IDF), the military operation is “limited, localized, and targeted.”

The goal of the operation, according to IDF statements, is to protect Israeli citizens, particularly those residing in northern Israel, and to facilitate the return of displaced residents to their homes.

This development comes amid a growing concern in the international community over the potential for a broader regional conflict, with multiple world leaders calling for a ceasefire and urging Israel to refrain from launching a ground invasion into Lebanon.

US President Joe Biden called on Israel to avoid a ground campaign in southern Lebanon during a press event at the White House on Monday (30 Sept).

Biden, while stressing the need for an immediate ceasefire, did not elaborate on any specific US actions or plans to halt the conflict.

In response to a reporter’s question, Biden expressed his awareness of the situation, stating, “I am more aware than you might know, and I am comfortable with them stopping.”

Belgium’s Minister of Foreign Affairs, Hadja Lahbib, also expressed deep concern over the violence, particularly the loss of civilian lives.

Lahbib emphasized the importance of respecting international law, suggesting that the current crises in both Gaza and Lebanon are intertwined.

She warned that a failure to address these issues could lead to a dangerous regional escalation.

The UK’s Secretary of State for Foreign, David Lammy, added his voice to the growing international calls for a ceasefire.

Following discussions with US Secretary of State Antony Blinken, Lammy reiterated the need for a political solution to the crisis.

He stressed the importance of implementing a plan that would allow displaced Israeli and Lebanese civilians to return to their homes.

European Union Foreign Policy Chief Josep Borrell underscored the need to avoid further military intervention in Lebanon, cautioning that any such actions could dramatically worsen the situation.

“Any further military intervention would dramatically aggravate the situation, and it has to be avoided.”

Indian Prime Minister Narendra Modi also weighed in, urging Israeli Prime Minister Benjamin Netanyahu to prevent any regional escalation.

Modi highlighted the importance of ensuring the safe release of hostages and expressed India’s commitment to supporting efforts to restore peace and stability.

UN experts warn of regional catastrophe amid escalating Israel-Lebanon conflict

UN experts warned on Monday (30 Sept) that the escalating conflict between Israel and Lebanon could lead to a regional humanitarian and geopolitical catastrophe.

The experts expressed deep concern over the intensifying violence, with Hezbollah launching missiles indiscriminately and Israel responding with large-scale airstrikes across Lebanon.

This surge in violence is exacerbating instability and civilian suffering, particularly in Lebanon and Palestine.

The experts condemned Israel’s use of destructive force in Lebanon, similar to its actions in Gaza.

They criticised Israel for justifying attacks on civilians by claiming Hezbollah fighters hide among them, using civilians as human shields.

The experts argued that the airstrikes in densely populated areas, where residential buildings are being destroyed with little warning, violate international humanitarian law and could amount to domicide, or the mass destruction of homes.

They also highlighted the ongoing violence against Palestinians, calling it a genocidal campaign.

Referring to a recent explosion of booby-trapped electronic devices in Lebanon that caused widespread casualties, the experts condemned those who praised such tactics, calling them criminal.

The experts further warned that double standards in condemning terror while granting impunity threaten the global democratic order.

They stressed the need to address fundamental issues fueling the violence, including the illegal occupation of Palestine, arms supplies to non-state actors, and extrajudicial killings.

The experts called for an immediate cessation of hostilities and urged the UN Security Council to take swift action.

They emphasised the need to protect civilians, investigate crimes, and strengthen the UN’s presence in the region to prevent further escalation.

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