On December 11, 2020 the U.S. Supreme Court made a significant decision that legal scholars have warned could potentially undermine the integrity of future elections. Although the decision was in response to an election lawsuit, experts are now raising concerns about the underlying implications of the court’s ruling and how it may be used in the future.
This alarm among scholars arises from the potential misinterpretation of the court’s decision, permitting individuals to exploit the ruling for their benefit. Specifically, there is concern that this decision could potentially enable the stealing of an election, an outcome with serious democratic ramifications.
The decision of the Supreme Court was related to an election lawsuit, wherein the court dismissed the case for lack of standing under Article III of the U.S constitution. However, scholars fear that the dismissal could provide a loophole for malign parties to meddle in future elections, subverting citizens’ voting rights and the democratic process.
The essence of their concern surrounds the interpretation of the term “standing”. In legal parlance, standing refers to a party’s ability to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party’s participation in the case. Misinterpretation of the term could, in theory, be leveraged to sway election outcomes.
Legal scholars have labeled this potential exploitation as “dangerous” for democracy. Though it may appear to be mere legal conjecture for some, the potential for such a precedent in an era proliferated by misinformation campaigns cannot be denied. This, in combination with increasing political polarization, might foster an environment ripe for such unscrupulous tactics.
Despite the potential theoretical danger, it is important to note that legally, such exploitation of the standing decision would be exceedingly hard to pull off. Election law has built-in safeguards against such attempts. It is incumbent on lawmakers and legal professionals alike to ensure the proper interpretation and application of the law, to safeguard the legitimacy of future elections.