Rick Hasen: “The Supreme Court will soon be under the microscope like it hasn’t been since it ended the disputed 2000 U.S. presidential election in Bush v. Gore, as it considers not one but now two major cases that each could strongly influence whether Donald Trump will become president again. One of the major criticisms from the left of the court’s opinion in Bush was that it was a ‘one day only’ ticket to hand George W. Bush the presidency without establishing a legal precedent to apply to other cases.”
“And yet Trump is making similar arguments in both of his cases coming before the court, arguing for a kind of exceptionalism that would help Trump, and only Trump, regain power and stay out of jail. If the court cares about its legitimacy and its sagging public opinion, it should not embrace Trump exceptionalism no matter how it otherwise decides these cases.”
