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Judges used to stay out of election disputes, but this year lawsuits could well decide the presidency

  • Written by Austin Sarat, Associate Provost and Associate Dean of the Faculty and Cromwell Professor of Jurisprudence and Political Science, Amherst College
Judges used to stay out of election disputes, but this year lawsuits could well decide the presidencyA poll worker places vote-by-mail ballots into a ballot box set up at the Miami-Dade Election Department headquarters on Oct. 14, 2020 in Doral, Fla.Joe Raedle/Getty Images News via Getty

Throughout American history judges have generally tried to avoid getting involved in political questions, including litigation about elections. They followed...

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