Editorial: Conservative Supreme Court justices are threatening a post-election coup | Laurence H. Tribe and Steven V. Mazie/The Boston Globe
After handing down orders in a spate of challenges to states’ efforts to make voting easier during the coronavirus pandemic, the Supreme Court is catching its breath. But the pause may be short-lived. In several opinions that conservative justices have issued over the past week, a radical idea is rising from the ashes, resurrecting language from one of the most fraught decisions in the court’s history. Four justices — Samuel Alito, Neil Gorsuch, Brett Kavanaugh, and Clarence Thomas — have resuscitated a half-baked theory three justices espoused in Bush v. Gore to let Republicans trash ballots after Election Day. Chief Justice John Roberts has not joined his four colleagues in this misadventure. But if the recently seated Justice Amy Coney Barrett sides with the quartet, America could be in for a battle that makes Bush v. Gore look tame. By shutting down a recount in Florida that could have put Al Gore over the top in the 2000 election, the Supreme Court effectively handed George W. Bush the keys to the White House. The majority reasoned that disparate methods for interpreting the infamous “hanging chads” on Florida’s punch-ballots denied the state’s voters the equal protection of the laws, violating the 14th Amendment.