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Trump Might Take This to the Supreme Court

But there are hurdles, to say the least
By Neal Colgrass,  Newser Staff
Posted Nov 7, 2020 4:30 PM CST

(Newser) – Now that the AP has declared Joe Biden the next US president, what happens? And can President Trump, who is refusing to concede, take this to the Supreme Court? The Wall Street Journal offers a guide: First, states will let campaigns seek recounts or will conduct them on their own (looks like they'll happen in Wisconsin and Georgia). Then states will choose their electors by Dec. 8 based on which presidential candidate won the popular vote. Finally, electors gather and vote in their state capitals on Dec. 14. A new US Congress will count the votes on Jan. 5, and the new president takes the oath of office on Jan. 20. But there are caveats and questions:

  • Electors: For over a century, states have based their electors on the popular presidential vote—but what if they don't? The Washington Post notes that states could change their rules, but doing so after Election Day would violate federal law. That battle could go to the courts and end up in the Supreme Court, where a 6-3 conservative majority would make its ruling.

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