It was a little after 2am, less than two hours after Joe Biden addressed supporters in Delaware to announce his optimism for a Democratic victory in the presidential election. US President Donald Trump stepped up to the podium at the White House press briefing room as Hail to the Chief played on the speakers.
This election, Mr Trump stated emphatically, is set to be “a fraud on the American public”. It was more than a dispute of the result, which has yet to be tabulated fully, and more than an allegation of impropriety. It was a criminal charge.
Consequently, Mr Trump vowed, in the event of any apparent defeat on his part, he would take the result to the Supreme Court – the highest judicial body in the land.
It is often said that in the 2000 US presidential elections between George W Bush and Al Gore, Mr Gore lost by only one vote. That vote was not in the Electoral College, but in the Supreme Court. It was the only time since 1876 that a presidential election was decided that way, rather than through the normal electoral process.
To be clear, courts do not decide which candidate has won. They decide whether the process by which votes were counted was valid, or whether they can be recounted.
Even then, the Supreme Court is not the first port of call. Far from it.
To understand how the election might end up in the Supreme Court, it is important to recap briefly how the US election works.
The US election is not one election. It is 50 elections in 50 states, each with the end goal of appointing “electors” who are pledged to vote for a specific candidate. The electors are assumed to declare for a candidate on the basis of a given state’s popular vote. A state’s legislature can override that popular vote by choosing electors who might vote differently, but such a move would be unusual to say the least – particularly if there is no overwhelmingly obvious public interest for doing so.
The final deadline by which all states are meant to present their “electors” to choose the president is on December 8. Each state’s popular vote would ideally be decided by then.
So whether or not the election becomes a legal case depends on what happens between now and December 8.
Any dispute about the process in an individual state can be taken to that state’s court system, and appealed up to the state’s supreme court and, ultimately, the federal Supreme Court. At no point is any court compelled to hear a case if it feels that the matter could be better resolved through the state’s normal electoral process.
That electoral process varies from state to state. Each has its own rules on when recounts can be triggered and how they are conducted. They also have their own rules on how disputes are initially adjudicated. In Texas, for example, that authority lies with the state governor. Some other states have election boards that decide. In all states, the legislature can weigh in to choose whether it wants to choose electors that will deviate from the popular vote.
So, for Mr Trump’s team to receive an audience in the Supreme Court, and convince the court’s justices that the case is worth hearing, there are a number of requirements to be satisfied.
The Electoral College result would have to be very close, so that one or more states would swing it. Without that, there would be no point in undertaking the legal battle ahead.
Those contested states’ internal results would also have to be very close – too close to call comfortably – and the Republicans would need a good argument that a simple recount or decision from the state’s non-judicial institutions could not be trusted. Then the state’s own courts would have reason to hear the case. If they are convinced that this is a matter for judicial involvement, the Supreme Court is more likely to be convinced in the event of an appeal.
In 2000, it all hinged on Florida. The results there were extremely close – less than 1,000 votes between Mr Bush and Mr Gore. The Florida Supreme Court ordered a recount of votes across the state. After appeals, the case went to the US Supreme Court, whose reluctance to get involved was clear. It sent the first appeal by the Bush team back to the Florida Court by unanimous vote. Only when the Florida court called once again for a recount was an appeal to the Supreme Court accepted.
The main tension comes down to whether the power to order recounts and legitimise the result ought to come from courts or from state legislatures. The court must be convinced that there is no other way to resolve the election.
So it is less of a matter of process and more of a matter of politics and the national psyche. If Mr Trump manages to create the appearance of so much chaos that the state legislatures and democratic system cannot be trusted, the Supreme Court might feel more inclined to take on its appeals and grant a decision – for the sake of national unity. In his allegations of mass fraud during his statement today, Mr Trump attempted to do just that.
It is also worth noting that the Supreme Court’s ultimate decision, to rule that Florida’s specific recount process was unconstitutional and that there was not enough time for any alternative solutions than to accept the result, was split along ideological lines. Conservative justices backed Bush’s argument and liberal justices backed that of Gore. But two Republican appointees dissented from their conservative colleagues in different areas of the case.
Supreme Court justices are people, not machines of any given party. An ideological split 20 years ago does not necessarily presage one today.
Mr Trump gave an indication of his plan to play the odds of the ideological split as far back as September, when the Republicans were racing to get Amy Coney Barrett appointed. “I think [the election] will end up in the Supreme Court,” he said. “And I think it’s very important that we have nine justices.”
That statement unintentionally put an enormous moral burden on Justice Coney Barrett’s shoulders. If she was the deciding vote in the president’s favour after being installed in a rushed process just before the election, the credibility of the Supreme Court could be ruined.
Going to the Supreme Court is not that simple. When Mr Trump vowed to do so, he was speaking more euphemistically than factually. He was signalling to his supporters that chaos has arrived. The trouble is, his signals may turn out to be a self-fulfilling prophecy.
Sulaiman Hakemy is opinion editor at The National
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CHATGPT%20ENTERPRISE%20FEATURES
%3Cp%3E%E2%80%A2%20Enterprise-grade%20security%20and%20privacy%3C%2Fp%3E%0A%3Cp%3E%E2%80%A2%20Unlimited%20higher-speed%20GPT-4%20access%20with%20no%20caps%3C%2Fp%3E%0A%3Cp%3E%E2%80%A2%20Longer%20context%20windows%20for%20processing%20longer%20inputs%3C%2Fp%3E%0A%3Cp%3E%E2%80%A2%20Advanced%20data%20analysis%20capabilities%3C%2Fp%3E%0A%3Cp%3E%E2%80%A2%20Customisation%20options%3C%2Fp%3E%0A%3Cp%3E%E2%80%A2%20Shareable%20chat%20templates%20that%20companies%20can%20use%20to%20collaborate%20and%20build%20common%20workflows%3C%2Fp%3E%0A%3Cp%3E%E2%80%A2%20Analytics%20dashboard%20for%20usage%20insights%3C%2Fp%3E%0A%3Cp%3E%E2%80%A2%20Free%20credits%20to%20use%20OpenAI%20APIs%20to%20extend%20OpenAI%20into%20a%20fully-custom%20solution%20for%20enterprises%3C%2Fp%3E%0A
The specs
Engine: 5.2-litre V10
Power: 640hp at 8,000rpm
Torque: 565Nm at 6,500rpm
Transmission: 7-speed dual-clutch auto
Price: From Dh1 million
On sale: Q3 or Q4 2022
Bio
Age: 25
Town: Al Diqdaqah – Ras Al Khaimah
Education: Bachelors degree in mechanical engineering
Favourite colour: White
Favourite place in the UAE: Downtown Dubai
Favourite book: A Life in Administration by Ghazi Al Gosaibi.
First owned baking book: How to Be a Domestic Goddess by Nigella Lawson.
Squads
Pakistan: Sarfaraz Ahmed (c), Babar Azam (vc), Abid Ali, Asif Ali, Fakhar Zaman, Haris Sohail, Mohammad Hasnain, Iftikhar Ahmed, Imad Wasim, Mohammad Amir, Mohammad Nawaz, Mohammad Rizwan, Shadab Khan, Usman Shinwari, Wahab Riaz
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The five pillars of Islam
1. Fasting
2. Prayer
3. Hajj
4. Shahada
5. Zakat
UAE currency: the story behind the money in your pockets
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Engine: 2.0-litre 4cyl turbo
Power: 261hp at 5,500rpm
Torque: 405Nm at 1,750-3,500rpm
Transmission: 9-speed auto
Fuel consumption: 6.9L/100km
On sale: Now
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The specs
- Engine: 3.9-litre twin-turbo V8
- Power: 640hp
- Torque: 760nm
- On sale: 2026
- Price: Not announced yet
WHAT IS A BLACK HOLE?
1. Black holes are objects whose gravity is so strong not even light can escape their pull
2. They can be created when massive stars collapse under their own weight
3. Large black holes can also be formed when smaller ones collide and merge
4. The biggest black holes lurk at the centre of many galaxies, including our own
5. Astronomers believe that when the universe was very young, black holes affected how galaxies formed
The specs
Engine: 3-litre twin-turbo V6
Power: 400hp
Torque: 475Nm
Transmission: 9-speed automatic
Price: From Dh215,900
On sale: Now
Company%20profile
%3Cp%3EName%3A%20Cashew%0D%3Cbr%3EStarted%3A%202020%0D%3Cbr%3EFounders%3A%20Ibtissam%20Ouassif%20and%20Ammar%20Afif%0D%3Cbr%3EBased%3A%20Dubai%2C%20UAE%0D%3Cbr%3EIndustry%3A%20FinTech%0D%3Cbr%3EFunding%20size%3A%20%2410m%0D%3Cbr%3EInvestors%3A%20Mashreq%2C%20others%0D%3C%2Fp%3E%0A
Which honey takes your fancy?
Al Ghaf Honey
The Al Ghaf tree is a local desert tree which bears the harsh summers with drought and high temperatures. From the rich flowers, bees that pollinate this tree can produce delicious red colour honey in June and July each year
Sidr Honey
The Sidr tree is an evergreen tree with long and strong forked branches. The blossom from this tree is called Yabyab, which provides rich food for bees to produce honey in October and November. This honey is the most expensive, but tastiest
Samar Honey
The Samar tree trunk, leaves and blossom contains Barm which is the secret of healing. You can enjoy the best types of honey from this tree every year in May and June. It is an historical witness to the life of the Emirati nation which represents the harsh desert and mountain environments
COMPANY%20PROFILE
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Company Profile:
Name: The Protein Bakeshop
Date of start: 2013
Founders: Rashi Chowdhary and Saad Umerani
Based: Dubai
Size, number of employees: 12
Funding/investors: $400,000 (2018)
LIVING IN...
This article is part of a guide on where to live in the UAE. Our reporters will profile some of the country’s most desirable districts, provide an estimate of rental prices and introduce you to some of the residents who call each area home.
At a glance - Zayed Sustainability Prize 2020
Launched: 2008
Categories: Health, energy, water, food, global high schools
Prize: Dh2.2 million (Dh360,000 for global high schools category)
Winners’ announcement: Monday, January 13
Impact in numbers
335 million people positively impacted by projects
430,000 jobs created
10 million people given access to clean and affordable drinking water
50 million homes powered by renewable energy
6.5 billion litres of water saved
26 million school children given solar lighting
Living in...
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Libya's Gold
UN Panel of Experts found regime secretly sold a fifth of the country's gold reserves.
The panel’s 2017 report followed a trail to West Africa where large sums of cash and gold were hidden by Abdullah Al Senussi, Qaddafi’s former intelligence chief, in 2011.
Cases filled with cash that was said to amount to $560m in 100 dollar notes, that was kept by a group of Libyans in Ouagadougou, Burkina Faso.
A second stash was said to have been held in Accra, Ghana, inside boxes at the local offices of an international human rights organisation based in France.
ON%20TRACK
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Real estate tokenisation project
Dubai launched the pilot phase of its real estate tokenisation project last month.
The initiative focuses on converting real estate assets into digital tokens recorded on blockchain technology and helps in streamlining the process of buying, selling and investing, the Dubai Land Department said.
Dubai’s real estate tokenisation market is projected to reach Dh60 billion ($16.33 billion) by 2033, representing 7 per cent of the emirate’s total property transactions, according to the DLD.
ENGLAND WORLD CUP SQUAD
Eoin Morgan (captain), Moeen Ali, Jonny Bairstow, Jos Buttler (wicketkeeper), Tom Curran, Joe Denly, Alex Hales, Liam Plunkett, Adil Rashid, Joe Root, Jason Roy, Ben Stokes, David Willey, Chris Woakes, Mark Wood
Abu Dhabi traffic facts
Drivers in Abu Dhabi spend 10 per cent longer in congested conditions than they would on a free-flowing road
The highest volume of traffic on the roads is found between 7am and 8am on a Sunday.
Travelling before 7am on a Sunday could save up to four hours per year on a 30-minute commute.
The day was the least congestion in Abu Dhabi in 2019 was Tuesday, August 13.
The highest levels of traffic were found on Sunday, November 10.
Drivers in Abu Dhabi lost 41 hours spent in traffic jams in rush hour during 2019
Our legal consultant
Name: Hassan Mohsen Elhais
Position: legal consultant with Al Rowaad Advocates and Legal Consultants.
Globalization and its Discontents Revisited
Joseph E. Stiglitz
W. W. Norton & Company
The biog
Name: Timothy Husband
Nationality: New Zealand
Education: Degree in zoology at The University of Sydney
Favourite book: Lemurs of Madagascar by Russell A Mittermeier
Favourite music: Billy Joel
Weekends and holidays: Talking about animals or visiting his farm in Australia
Martin Sabbagh profile
Job: CEO JCDecaux Middle East
In the role: Since January 2015
Lives: In the UAE
Background: M&A, investment banking
Studied: Corporate finance
ULTRA PROCESSED FOODS
- Carbonated drinks, sweet or savoury packaged snacks, confectionery, mass-produced packaged breads and buns
- Margarines and spreads; cookies, biscuits, pastries, cakes, and cake mixes, breakfast cereals, cereal and energy bars
- Energy drinks, milk drinks, fruit yoghurts and fruit drinks, cocoa drinks, meat and chicken extracts and instant sauces
- Infant formulas and follow-on milks, health and slimming products such as powdered or fortified meal and dish substitutes
- Many ready-to-heat products including pre-prepared pies and pasta and pizza dishes, poultry and fish nuggets and sticks, sausages, burgers, hot dogs, and other reconstituted meat products, powdered and packaged instant soups, noodles and desserts
Labour dispute
The insured employee may still file an ILOE claim even if a labour dispute is ongoing post termination, but the insurer may suspend or reject payment, until the courts resolve the dispute, especially if the reason for termination is contested. The outcome of the labour court proceedings can directly affect eligibility.
- Abdullah Ishnaneh, Partner, BSA Law
Global state-owned investor ranking by size
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Specs
Engine: 3.0L twin-turbo V6
Gearbox: 10-speed automatic
Power: 405hp at 5,500rpm
Torque: 562Nm at 3,000rpm
Fuel economy, combined: 11.2L/100km
Price: From Dh292,845 (Reserve); from Dh320,145 (Presidential)
On sale: Now
UAE currency: the story behind the money in your pockets
More coverage from the Future Forum
The National's picks
4.35pm: Tilal Al Khalediah
5.10pm: Continous
5.45pm: Raging Torrent
6.20pm: West Acre
7pm: Flood Zone
7.40pm: Straight No Chaser
8.15pm: Romantic Warrior
8.50pm: Calandogan
9.30pm: Forever Young
No more lice
Defining head lice
Pediculus humanus capitis are tiny wingless insects that feed on blood from the human scalp. The adult head louse is up to 3mm long, has six legs, and is tan to greyish-white in colour. The female lives up to four weeks and, once mature, can lay up to 10 eggs per day. These tiny nits firmly attach to the base of the hair shaft, get incubated by body heat and hatch in eight days or so.
Identifying lice
Lice can be identified by itching or a tickling sensation of something moving within the hair. One can confirm that a person has lice by looking closely through the hair and scalp for nits, nymphs or lice. Head lice are most frequently located behind the ears and near the neckline.
Treating lice at home
Head lice must be treated as soon as they are spotted. Start by checking everyone in the family for them, then follow these steps. Remove and wash all clothing and bedding with hot water. Apply medicine according to the label instructions. If some live lice are still found eight to 12 hours after treatment, but are moving more slowly than before, do not re-treat. Comb dead and remaining live lice out of the hair using a fine-toothed comb.
After the initial treatment, check for, comb and remove nits and lice from hair every two to three days. Soak combs and brushes in hot water for 10 minutes.Vacuum the floor and furniture, particularly where the infested person sat or lay.
Courtesy Dr Vishal Rajmal Mehta, specialist paediatrics, RAK Hospital
Muslim Council of Elders condemns terrorism on religious sites
The Muslim Council of Elders has strongly condemned the criminal attacks on religious sites in Britain.
It firmly rejected “acts of terrorism, which constitute a flagrant violation of the sanctity of houses of worship”.
“Attacking places of worship is a form of terrorism and extremism that threatens peace and stability within societies,” it said.
The council also warned against the rise of hate speech, racism, extremism and Islamophobia. It urged the international community to join efforts to promote tolerance and peaceful coexistence.
The%20specs
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