How the Supreme Court Could End Up Deciding the Election Again

Well, the supreme court could end up deciding this election again... which is why it should have been Dean for the Dems all along. Kerry is a flacid politician.

Fortunately, a poll has just come out on [Colorado's electoral vote-splitting] referendum and currently it looks like it might just pass. If Bush is 1% ahead in Colorado, he would get 5 votes in the electoral college and Kerry would get 4, changing the score to Kerry 269, Bush 269. If West Virginia Bush elector Richie Robb votes for a Republican other than Bush, as he has threatened, then the score becomes Kerry 269, Bush 268. In both cases the election is decided by the new House with each state getting one vote. In all scenarios, the Republicans will control the majority of delegations in the new House, so the House will elect Bush. Depending on who controls the Senate, Cheney or Edwards becomes vice president. Could go either way. If the Democrats hang onto the Louisiana Senate seat, as they have for over 100 years. there is a good chance the Senate will be split 50-50. In that case, Cheney gets to cast the deciding vote.

But wait, suppose Kerry picks up 1% in Colorado and he gets 5 of Colorado's votes in the electoral college and Bush gets 4. Then the score becomes Kerry 270, Bush 268 and Kerry becomes president. Unless the Republicans go to the Supreme Court and ask the Court to invalidate the Colorado referendum. If the court upholds the referendum, Kerry wins; if the court invalidates it, Bush wins. Thus if the vote on election day reflects today's map except Kerry wins Maryland easily and squeaks through in Colorado, the Supreme Court gets to decide another election. It could happen.