Wednesday, October 8, 2008

McCain v. Obama: A Hypothetical Supreme Court Case


This doesn't sound encouraging!

Start: Monday, October 20, 2008 10:00 AM

End: Monday, October 20, 2008 12:00 PM

Location: Hart Auditorium, McDonough Hall
Georgetown University Law Center
600 New Jersey Avenue, N.W.
Washington, DC 20001

This event will be held in Hart Auditorium at the Georgetown University Law Center.

Is another Bush v. Gore possible? What if the U.S. Supreme Court held the fate of another presidential election in its hands?

November 4, 2008; a blizzard hits Denver, Colorado; the resulting whiteout causes total city gridlock, impeding access to the polls. Denver’s Democratic election director and Democratic mayor announce a two-hour extension of polling hours. Because Colorado has become the deciding state in the Electoral College, Colorado’s Republican secretary of state asks the courts for an injunction against the extension, arguing that it has no basis in law and that it is unfair to extend polling hours only in Denver and not statewide. While the secretary of state’s urgent request is denied, ballots cast after 7:00 p.m. are designated as provisional and will not be opened until the matter is settled in court. If these ballots are counted, it is most likely that Barack Obama will win the election; if they are not counted, John McCain will be elected president. After several appeals, the U.S. Supreme Court hears the case of McCain v. Obama.

At this event, the AEI-Brookings Election Reform Project, Ohio State University’s Election Law @ Moritz project, and Georgetown University Law Center’s Supreme Court Institute will jointly argue this hypothetical court case before a balanced panel of retired judges. Walter Dellinger, who has served as an acting solicitor general, and Glen Nager, who has argued many cases before the Supreme Court, will argue the case before retired judges David Levi, Thomas Phillips, and Patricia Wald. Audience questions and a general discussion will follow a thirty-minute presentation by each advocate. The judges will issue their opinion within ten days.


Arguing on Behalf of McCain: Glen D. Nager, Jones Day

Arguing on Behalf of Obama: Walter Dellinger, O’Melveny & Myers

Moderators: Edward B. Foley, Moritz College of Law, Ohio State University
John C. Fortier, AEI

Chief Justice: David F. Levi, Duke Law School, former chief judge, U.S. District Court, Eastern District California

Associate Justices: Thomas R. Phillips, Baker Botts, former chief justice of the Supreme Court of Texas

Patricia M. Wald, former chief judge, U.S. Court of Appeals for the D.C. Circuit

9 comments:

OscarGuerrero_per1 said...

i think that the polls should be extended out to the entire state of colorado. But allowing any ballot turned it after 7 o'clock will not be reviewed until after the court case is a smart decision. This way any lead changes between the candidates will not be know and play a part in the Supreme Courts hearing.

isaacpena7 said...

Well this is a very crucial decision and must be thought out carefully. I personally think it should stay open because Colorado should have its rights as americans to vote and be counted for who gets to be their leader in the next four years! As about the Supreme Court viewings and all the ballots to be reviewed after seven is stupid because I personally think it is a waste of time. Just who ever wins with majority count won FAIR AND SQUARE!

~Isaac

JordanGutierrez1st said...

I think that they should let the polling hours be extended to the whole entire state of Colorado because what if Denver isnt the only city that has a bizzard. That isnt fair for the other americans that want to vote not get to because they are stuck at home. Also about the votes that wont be viewed until after the court case is pretty ridiculous, I mean why dont they just count them with the other ones and whoever won...Won.

CatWiechmann6 said...

I think that if it wasn't the deciding state, that Denver should be the only one that gets the extra two-hour extension. But since it is the deciding state that all of Colorado should get the two-hour extension and have any ballot that is cast after 7:00 be saved until after the court case is decided.

andrew villafranco 7th said...

I believe that this is a tough decision.The polls should be extended throughout the entire state and if they didn't then it would be wrong and unjust. We would have a similar situation to the Gore Bush situation in 01 and we don't want that again. However viewing the ballots after the Supreme Court decision is made that is just plain idiotic because they already made the decision so the votes wouldn't even count.

ericasanchez3 said...

I think the polls should be extended to everyone because they have the right to vote just like everyone else. They should be able to have a say in who they want to be president. Not counting the votes until after the case is settled is stupid, they should count them with the rest of the votes so whoever has more votes can win.

SajaKhweis04 said...

Deciding state or not, Denver should still extend the poll hours to 7pm. This is way, it would seem fair to those stuck in their homes. But at the same time, voting polls all across Colorado should have the two hour extension because i'm sure that if Denver had a blizzard, that the other cities in that state were affected in some form or fashion. And all those votes put in after 7pm should also be counted because it could be that the majority of the votes went in during that two hour extension.

Anonymous said...

Extending the polls out to the entire state would change the outcome of the votes. However, since all Americans have the right to vote, it should be done. But keeping those ballots from being reviewed until after the Supreme Court heraing is a good decision. The outcome of those votes could influence the turn out of the heraing.

eliseodeleon1 said...

If this situation did occur, I think that there should be a two-hour extension of polling hours so that voters may have time to vote. On the other hand, I think that this extension of polling hours should also apply to the entire state of Colorado not just Denver. There might also be other areas in Colorado hit by a blizzard that could cause a gridlock of the area. Even if Colorado wasn't the deciding state in the Electoral College, its citizens should still have an oppurtunity to vote and express their political views on the election. This upcoming election seems to have a lot importance to some people so not being able to vote due to a natural disaster would be a big disappointment.