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the 2000 case that disputed the election then. three justices were in support of the theory then. we know from cases that came up in 2020 on the emergency appeals to the supreme court that there are three justices now who seem to be attracted to the theory. that s gorsuch, thomas and alito. i think we can safely say that the three democratic appointed justices are going to oppose this theory. so i m going to be watching tomorrow to see what justices cavanaugh and barrett as well as chief justice roberts think. they re the ones who are going to be looking at whether texts in history support this idea, and also, this is what i put forward in my brief, the kind of administrative concerns that come up when you essentially create conditions that lead to the doubling of the amount of election litigation in the courts, and putting the supreme court in the hot seat all the time deciding issues while elections are pending. that s not a comfortable position for the court. it is exactly, though

United states supreme courtMainstreaming a fringe right wingEmergency appealsAmerican democracyChief justiceR gorsuchJustices cavanaughDemocratic dominated state supreme courtJohn eastmanSupreme court in the hot seatRudy giuliani