Law, the courts and free and fair elections in the United States: what to expect in 2020

Ensuring that elections are free and fair is far from a settled matter in the United States, with courts frequently asked to settle disputes about virtually every element of election administration. In 2020, President Trump and his supporters contend that vote by mail is rife with fraud (in an election cycle where COVID will help drive demand for mail balloting to record levels) and that an election loss would constitute evidence of a rigged election. The vacancy following the death of Justice Ruth Bader Ginsburg further heightens the tension around the role of the court in the election. Trump’s opponents are casting the election and access to the polls as a struggle for voting rights and democracy itself. Interest groups allied with both sides of politics are launching or preparing for post-election litigation in multiple jurisdictions. What issues are being litigated, by whom, and where? How are these legal challenges being funded? What constitutional and legal arguments are being deployed? What likely role for the US Supreme Court, and what might be the likely outcome? And for the eventual winner, will their victory and governing authority be accepted as legitimate by the American people and the world? To discuss these issues, USSC hosted a webinar event featuring Ruth Greenwood, Co-Director of the Voting Rights and Redistricting Program at the Campaign Legal Center in conversation with United States Studies Centre CEO Professor Simon Jackman.