What if the U.S. Supreme Court had invalidated the apparent results of the Presidential election? Regardless of the Constitutional merit of the ruling, one-half of the country would have been outraged. Talk about the feeling that the election had been stolen! And might that decision, given the deep political divisions already present, have generated violence from the hot-heads on both sides?
The Supreme Court would be irresponsible not to take such factors into consideration before issuing its verdict on such a socially explosive subject. Of course, the consequences of the Court’s ruling should not generally – or ever in a perfect world – enter into its deliberations. But, as an eminent U.S. jurist once declared – the U.S. Constitution is not a suicide pact. The Court ignores the effects of its actions on issues of great national concern at the country’s peril.
Chief Justice Roger Taney’s Dred Scott decision of 1857 – whether sound or not – ignited already heated emotions on the slavery question and, in that respect, helped lead to the Civil War which erupted a few years later. Taney (who had been a prominent Democratic Party politician for years) should have deferred to the national interest, not his judicial judgment.
Richard Nixon, in 1960, faced a situation superficially similar to Donald Trump’s but with considerably more merit. There were credible claims that he was the victim of substantial voter fraud engineered by Democratic Party machines in Illinois and Texas. In fact, evidence surfaced shortly after the election that hundreds of votes in Chicago were cast from city graveyards. The final vote tallies nationally were close so there would have been reasonable justification if Nixon were to challenge John F. Kennedy’s “victory”. He refused to do so, citing the widespread national turmoil that would ensue.
Nixon chose to dampen national division and discord, not exacerbate things, unlike our current president. Fortunately, the U.S. Supreme Court chose to rely on a legal technicality (no “standing”) to, in reality, make an implicit statement in support of the national interest.
Enough already!