Ted Cruz Declares It ‘Inevitable’ That The Supreme Court Will Have To Settle Election

Ted Cruz, who was previously named as one of the people on Trump’s Donald short list of possible Supreme Court nominees, says that the nominee must be confirmed before the election, since there will have to be nine Justices to settle “inevitable” election disputes.

ted cruz says election will be challenged
[Susan Walsh-Pool/Getty Images]

Donald Trump has refused to confirm that he’ll accept the results of the election, and commit to a peaceful transition of power if he loses. There’s currently a better-than-fair chance that he does lose, according to FiveThirtyEight‘s analysis of polls.

If Trump loses, especially if he seems to lead on election night, but falls behind as mail-in ballots are counted — after he’s spent months laying the groundwork for claiming that mailed ballots are fraudulent — he could ask the court to step in. In a tweet Saturday, Ted Cruz declared that a sure thing, and declared that a full SCOTUS of 9 Justices is necessary in order to settle such a dispute.

In fact, Cruz has already made it clear that he would press for the opportunity to add a sixth conservative Justice to the Supreme Court, regardless of the election. According to the Houston Chronicle, Cruz says in his book, One Vote Away, that replacing Antonin Scalia — after the GOP=led Senate prevented President Barack Obama from doing so in 2016 — was the reason that he decided to support Donald Trump in 2016, after Trump had leveled personal attacks not only at Cruz, but at his family.

Senate Democrats have said they’ll ask Donald Trump’s Supreme Court nominee, reported to be Amy Coney Barrett, to promise to recuse herself from any cases about the election.

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