Why has the Supreme Court of the United States decided to get involved in the recount litigation?
[added November 25] We’re not sure. This is the first instance in which the Supreme Court has gotten involved in litigation concerning a presidential election. Of course, the decision to accept review does not foreshadow any particular result on the merits. Perhaps the Court recognized this moment to be akin to President Nixon’s refusal to turn over the Watergate tapes or to President Truman’s seizure of the steel mills during the Korean conflict — the nation is waiting for a definitive and final resolution. Or perhaps the Court senses an institutional obligation to weigh in on the constitutional aspects of a controversy with these remarkably high stakes. Or perhaps the Court has not yet reached a collective conclusion about its role at all, but at least four justices see reasons to hear these arguments and approach these momentous next steps. More questions…
