for-phone-onlyfor-tablet-portrait-upfor-tablet-landscape-upfor-desktop-upfor-wide-desktop-up

Fact Check-U.S. Supreme Court has not voted to overturn 2020 presidential election result

The U.S. Supreme Court has not voted to overturn the result of the 2020 presidential election, despite claims made online. Legal professors told Reuters that no such decision was made, and the Court is currently in recess, with term to begin in the fall.

One user shared the claim on Twitter and said: “BREAKING: SCOTUS has voted to overturn the 2020 election results, Justices have been placed into protective care, according to a recent leaked report” (here).

The tweet had gathered more than 6,900 likes and over 2,000 shares at the time of writing.

Other examples of the claim made online can be found (here), (here) and (here).

None of the recent decisions made by the Court ahead of summer recess have overturned the election result that saw former president Donald Trump lose to his Democratic challenger, Joe Biden (here).

Reuters did not find any source for the claim that any such decision had been leaked.

The Supreme Court also has not published a press release detailing the purported decision (here).

A list of recent decisions, as well as the Court’s calendar, can be viewed (www.supremecourt.gov/).

Reuters spoke with numerous legal experts who confirmed no such decision had been made, and that there is no mechanism for the Supreme Court to override the 2020 presidential election result.

“This claim is completely false and is patently ridiculous,” Frank S. Ravitch, Professor of Law at Michigan State University College of Law told Reuters. “There was no such case before the Court, no law that would support overturning the election, and the Court has already ended its Term until the Fall,” he added.

The Court is currently in recess, which begins annually at the end of June or beginning of July. During the summer months, the justices do not hear new cases or deliver opinions. Instead, they analyze new petitions for review, consider motions and prepare for the cases scheduled when term begins, on the first Monday of October (here).

In the last decision handed down before the summer recess, on June 30, the Court ruled that Biden could end a programme titled the ‘Migrants Protection Protocol’ that was introduced by the previous administration, which forces non-Mexican asylum seekers to wait in Mexico for their U.S. court dates (here), (here).

Richard Pildes, Sudler Family Professor of Constitutional Law at New York University (NYU) School of Law, told Reuters: “The Supreme Court has not – and will never – overturn the 2020 presidential election results” and that “the Court has no power to do so.”

“The only way to remove a president from office is through impeachment,” he added.

Prior to the break for recess, the Court announced it would hear a case, Moore v. Harper, after the term begins in the fall. This case will assess a state court’s authority to reject rules by a state legislature when it comes to conducting federal elections (here), (here).

But the case cannot have any effect on the 2020 presidential election outcome. “No matter what the Court decides in the Moore case, the Court will not be overturning the 2020 election results,” Pildes said.

VERDICT

False. There is no evidence the U.S. Supreme Court has voted to overturn the 2020 presidential election results.

This article was produced by the Reuters Fact Check team. Read more about our fact-checking work here .

for-phone-onlyfor-tablet-portrait-upfor-tablet-landscape-upfor-desktop-upfor-wide-desktop-up