The justices' October schedule did not include the highly anticipated case, leaving just one day for arguments to potentially be heard before the election. The highly unusual decision by the Trump administration's DOJ to refuse to defend the law is likely to change with the election result, if former Vice President Joe Biden, the Democratic presidential nominee and a staunch ACA backer, wins the White House. A lower court said that, given the circumstances, absentee ballots could be counted as long as they arrived at counting stations no more than six days later. Election-year Supreme Court blockbusters: A look back at history Here are some landmark, presidential election-year legal disputes handled by the Supreme Court

Litigation over voting always increases before elections, but 2020 is setting records. Contact Zoe Tillman at zoe.tillman@buzzfeed.com. WASHINGTON – …

ET. All quotes delayed a minimum of 15 minutes. BuzzFeed News’ FinCEN Files investigation exposed massive financial corruption on a historic global scale. But a justice can refer an emergency application to the full court to decide, which typically happens in high-profile or especially contentious cases. With a rash of voting disputes destined for the justices’ inbox, the spectre remains of another presidential election decided by nine unelected jurists. Many requests for last-ditch execution stays and other emergency matters come before the court in this manner each year. Ginsburg, along with some members of the court’s liberal arm, voted in favor … Between that ruling, the decision not to intervene in Florida and striking down the core of the Voting Rights Act in 2012, voting-rights advocates had a pretty hard time at the high court even with Justice Ruth Bader Ginsburg on the bench. This order seemed to conflict with its decision in July to bar such an arrangement in Alabama. Want to support our journalism? Dig deeper:Read the best of our 2020 campaign coverage and our presidential-election forecast, then sign up for Checks and Balance, our weekly newsletter and podcast on American politics. But with the Nov. 3 election just seven weeks away, the legal landscape is dramatically different than it was four years ago. Trump eventually appointed Gorsuch to the seat. Reporting by Andrew Chung in New York and Richard Cowan, Daphne Psaledakis, Susan Cornwell, David Morgan, Tim Ahmann and Eric Beech in Washington; Editing by Will Dunham, Ross Colvin, Cynthia Osterman and Jonathan Oatis. Roberts “will lose influence,” said Jonathan Adler, a constitutional law professor at Case Western Reserve University School of Law. That swing justice role could increasingly fall to Kavanaugh. But a ninth justice may not be the deciding vote. “No Supreme Court vacancies filled in an election year.

Democratic Senator Ed Markey of Massachusetts said on Friday that Democrats should add seats to the court if that happened. What we're watching: The court could play a big role even if it doesn't end up with a big post-election case like Bush v. Gore. In August, a Gallup poll showed public approval of the Supreme Court at its highest level in more than a decade, at 58%, with positive marks from both Democrats and Republicans.

The chief’s primary influence will probably be being able to assign opinions, but it will be less in his ability to control the outcome of cases.”.

But the nine justices are already shaping the race through small decisions on voting rules, reached without a hearing and often with little written explanation. Two polls out this week show Joe Biden leading over President Trump in the swing state of Pennsylvania, indicating the Supreme Court nomination this past weekend may have failed to reset the race in Trump's favor and shift the conversation away from the COVID-19 pandemic, the New York Times reports. Trump could nominate a justice, lose the Nov. 3 election to Democrat Joe Biden, and then see his nominee confirmed by a lame-duck Senate. The Constitution doesn’t set the number of Supreme Court justices; it can be changed by Congress and the president. Supreme Court to hear Obamacare case one week after Election Day By Ariane de Vogue, CNN Supreme Court Reporter Updated 12:47 PM ET, Wed … In Republican National Committee v Democratic National Committee, the justices split 5-4 in April on whether to make absentee voting easier in the Wisconsin primary.

Discover announcements from companies in your industry. The Supreme Court will hear oral arguments in the Republican-led case seeking to overturn the Affordable Care Act on November 10, exactly one week after the presidential election, according to the court's, A hearing post-election was the likeliest choice from the outset.

Bush v. Gore, case in which the U.S. Supreme Court reversed a Florida Supreme Court’s recount order of the state’s presidential ballots in 2000.
As the Washington Post reported in late July, the court’s more conservative justices so far have largely joined together to rule in favor of state limits on mail-in voting and other in-person election activities.

If there’s a 4–4 decision in Ginsburg’s absence, the request is denied.

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She would also recuse herself from matters where she took part as an appeals court judge.

That hasn’t been seriously discussed since President Franklin Roosevelt unsuccessfully pitched a court-packing plan to Congress in 1937. Voting rights groups and the Democratic Party are racing to court to expand mail-in voting during the coronavirus pandemic while President Donald Trump and the Republican Party are waging a multimillion-dollar, multistate effort against it.

The justices have already ruled on emergency requests this year related to how states handle voting during the pandemic.

And close results in swing states, with disputes over absentee ballots, set up the potential for another Bush v. But the nine justices are already shaping the race through small decisions on voting rules, reached without a hearing and often with little written explanation.

Still, Wednesday's news does not mean the Supreme Court will make a ruling on the case in 2020.

Following Ginsburg’s death, there are now three justices that make up the court’s more liberal wing — Justices Stephen Breyer, Sonia Sotomayor, and Elena Kagan — and five justices on the court’s more conservative arm — Chief Justice John Roberts Jr. and Justices Clarence Thomas, Samuel Alito Jr., Neil Gorsuch, and Brett Kavanaugh. But "what is most likely to save us from a Twitterized Bush v. Gore 2.0 and possible post-election violence in November is neither an honest election system nor counter speech to combat election misinformation," election expert.