The ghost of the year 2000: justice could redefine the presidential election in the United States



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All pollsters who expected a resounding victory for Democratic candidate Joe Biden have failed, and the election to define the next President of the United States has a closed end.

Billy Corben, director of the documentary “537 votes”, which tells the Dramatic 2000 election between Republican Geroge W Bush and Democrat Al Gore which took 35 days to define.

“My work is a prologue to what can happen in the next election,” the filmmaker said a few days ago when the documentary was released. And he was not wrong.

America today evokes the definition “face to face” of this election at the beginning of the millennium, decided more than a month later by a shared judgment of the Supreme Court of Justice of which today Donald Trump could do.

Democrat Al Gore, vice-president for eight years in Bill Clinton’s tenure, led all polls on the eve of the election on November 7, 2000. There was no mistake here: Gore won 50.9 million votes against 50.4 million for his opponent, George W. Bush, but had fewer constituency delegates.

At dawn, Al Gore phoned his rival to congratulate him, but half an hour later he contacted Bush again to retract, contradicting the view of all media.

The United States has entered an unknown dimension. VSIn a virtually tied contest, all eyes were on Florida state’s scrutiny which contributed 25 votes to the electoral college.

Neither Gore nor Bush had enough delegates to win the presidency and only 537 votes in Florida gave Bush the victory.

A legal dispute began, with the Florida Supreme Court first ordering the counting of votes in certain counties which the Supreme Court of Justice later overturned for not respecting the concept of equality. More than 10,000 votes went unmounted in Miami, which was projected to have given victory to Florida and the presidency to Al Blood. For 35 days, the country was on hold and without knowing who would be its next president.

Two decades later, the same scenario is presented, but with a handful of states almost tied and with votes questioned by Donald Trump.

The main argument now is the votes cast by mail. Despite the doubts raised by Trump about the transparency of postal suffrage, and Surely driven by fear of the coronavirus, thousands of people voted early by mail. There are also Republicans’ complaints about certain checks carried out in democratic territories which they were not allowed to attend with observers. Trump has filed lawsuits in several key states. In Georgia and Nevada they were sacked, but in Pennsylvania they allowed some Republican members to monitor the vote count.

With the 2000 court precedent, Republicans could get a similar Supreme Court ruling that tips the numbers in their favor. Remember also that Trump consolidated a large Tory majority in court with the recent appointment of Amy Coney Barret, eight days before the election. Of the nine members, three were appointed by Trump during that first term, and today the highest court has six Conservative judges and three progressive judges.

In the coming days, we will see if the sentence: “We will go to the Supreme Court to fight against electoral fraud by Democrats,” said Donald Trump, is realized.

Doctorate in constitutional law, University of Law and Social Sciences of Paris II (Sorbonne)

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