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As the ‘Safe Harbour’ Deadline Looms!

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DONALD TRUMP’S LOSING BATTLE . . .

by Selvam Canagaratna

“There is something so showy about desperation, it takes hard wits to see it’s a grandiose form of funk.”

– Elizabeth Bowen, The Death of the Heart (1938).

“President Donald Trump’s effort to snatch a second term through a series of state and federal court challenges has been flaming out for weeks. Now, the calendar has all but extinguished it,” wrote Josh Gerstein and Kyle Cheney in their piece in Politico magazine.

Dec. 8 is the so-called ‘safe harbour’ date for the presidential election, a milestone established in federal law for states to conclude any disputes over the results. Trump’s failure to gain traction in litigation, with his lawyers and allies failing to block crucial states from declaring Joe Biden the winner, means the ‘safe harbour’ deadline stands as another potentially insurmountable reason for the courts to decline to intervene.

Trump’s legal team publicly says the ‘safe harbour’ deadline is meaningless and they’ll simply disregard it. Set by a 140-year-old statute, the date isn’t enshrined in the Constitution, they say. But the campaign’s legal filings tell another story, as Trump’s lawyers pressed courts for urgent action ahead of the deadline midnight on Tuesday and warned of irreparable consequences if they don’t.

The last time a presidential election was resolved at the Supreme Court, the ‘safe harbour’ deadline proved pivotal. And several legal actions seem to be hurtling toward a potential resolution on Tuesday — including a Pennsylvania dispute where Justice Samuel Alito initially asked for responses by Wednesday but decided to expedite further to Tuesday amid speculation about the ‘safe harbour’ deadline.

During the 2000 dispute between George W. Bush and Al Gore, as the court’s majority essentially awarded the presidency to Bush, the justices cited the looming deadline as a reason Florida could not initiate a new, manual recount.

“The majority treated the ‘safe harbour’ very seriously,” Ohio State University law professor Ned Foley said. “That’s why there was no remand to give Florida another chance at recounting.”

Indeed, the very timing of the high court’s hasty resolution of the Bush v. Gore case seemed driven by the ‘safe-harbour’ date. The justices heard arguments the day before it and decided on the very day, which was established in an 1887 statute intended to prevent uncertainty about the winner of the presidential election.

“In light of the inevitable legal challenges and ensuing appeals to the Supreme Court of Florida and petitions for certiorari to this Court, the entire recounting process could not possibly be completed by that date,” the high court wrote in that closed the books on the 2000 election.

As Trump attempts to bludgeon his way to a second term, judges and lawyers for both sides have also treated the ‘safe-harbour’ deadline as a cause for urgency. That’s in part because states whose results haven’t been certified by Tuesday risk having Congress disregard their electoral votes.

Trump keeps vowing that he intends to take his legal battle to the Supreme Court, but with the key date arriving Tuesday he has yet to present to the justices a series of cases he insists could swing enough electoral votes to hand him the election. At the moment, though, the justices have before them only a couple of election challenges stemming from Pennsylvania, with mere suggestions that cases from other states will make their way to the high court.

In the meantime, Trump’s allies have increasingly acknowledged their losing legal hand.

Trump has largely turned his attention away from the legal process and toward a political push to pressure Republican allies in state houses and Congress to subvert Biden’s victory. The shift to this similarly quixotic effort arrives amid an increasingly dire set of circumstances for Trump.

His top legal surrogate, Rudy Giuliani, has been hospitalized with Covid-19. Judges appointed by presidents of both parties have skewered Trump’s legal rationale, and state legislative leaders, including Republicans, have disavowed Trump’s attempts to overturn the election results. And many of Trump’s own aides have begun looking past his presidency and toward a post-Trump Washington.

These developments have all underscored a reality that seems to be sinking in inside Trump’s orbit: It’s over.

“The people have spoken,” Judge Linda Parker, a federal jurist from the Eastern District of Michigan, wrote in a that stung Trump allies for failing at multiple levels to present a legitimate case for overturning the election results.

In Monday’s opinion, Parker mentioned the looming ‘safe-harbour’ deadline and said she was unwilling to overturn a certification already signed back on Nov. 23, two days before the suit she ruled on was filed.

“The Governor has sent the slate of Presidential Electors to the Archivist of the United States to confirm the votes for the successful candidate,” wrote Parker, an appointee of President Barack Obama. “This case represents well the phrase: ‘This ship has sailed.’”

And a federal judge in Georgia, George W. Bush appointee Timothy Batten, threw out a lawsuit brought by GOP electors — represented by Trump ally Sidney Powell — from the bench on Monday, underscoring the flimsiness of the case they brought.

The ‘safe harbour’ deadline is actually more of a legal jumble than it would appear. Legal experts emphasized that it’s far from an expiration date on Trump’s legal challenges, and some are likely to linger, at least until Dec. 14, when the Electoral College is set to cast the formal vote for president.

In Bush v. Gore, the justices seemed to acknowledge that the date wasn’t a drop-dead deadline, but they said the will of the Florida Legislature to avail the state of the ‘safe harbour’ provision could not be frustrated by conflicting orders from the state’s courts.

Some still clinging to what they see as glimmers of hope for Trump’s legal quest note that the Tuesday ‘safe-harbour’ deadline is not dictated directly by the Constitution, but is set by , the Electoral Count Act.

“The ONLY Electoral College deadline specifically required by the Constitution is noon on January 20, at which point Trump’s first term officially ends,” , director of the Amistad Project, which has led some of the pro-Trump legal actions in court.

Others say the century-old law, prompted by the 1876 election standoff between Rutherford B. Hayes and Samuel Tilden, is hopelessly murky.

“What we know for sure: these guys took a decade to write a law that nobody can read to fix a problem that it didn’t really fix,” former Justice Department spokesperson Sarah Isgur .

The law says that Congress will treat as “conclusive” any certification of electors resolved under the state’s established processes by the ‘safe-harbour’ date. However, while Congress is supposed to follow the statute, there may be no way to force it to.

“It’s not self-executing,” Foley said. “I can’t envision a court trying to force Congress to obey the command that seems to be in this [law.] It is purporting to bind Congress, but when it comes down to it I think Congress is the only entity that can enforce this. It depends on the good faith of Congress.”

But with court fights looking increasingly grim for Trump, that seems to be one scenario the President and his allies are at least considering embracing.

Last week, Trump praised Rep. Mo Brooks (R-Ala.) who indicated he intends to challenge Biden’s presidential electors when they are counted by Congress on Jan. 6. Several other GOP House members have lined up to do the same, though even that effort won’t get out of the starting gate without a Senate sponsor. And even with one, the math is virtually impossible for Trump.

A lawyer working with Powell in the Michigan case rebuffed by the judge Monday, Gregory Rohl, dismissed the decision as “cut and paste.” He told POLITICO he still expects a high court showdown over the issues in that state and others.

“We always envisioned that SCOTUS would eventually weigh in on the voter fraud issue across the country,” Rohl said. “I am prepared to proceed forward and can assure all voters of our steadfast determination to maintain the integrity of our democratic process no matter what corruption attempts to taint it.”

Giuliani ignored the courtroom defeats Monday, apparently sticking to a Trump campaign line that Powell’s court setbacks are of no consequence to the campaign’s official work. But the Trump campaign’s own legal efforts aren’t doing much better. On Friday suffered setbacks and outright rejections in county, state and federal courts across the country. Trump and his allies have now lost dozens of challenges at nearly every level.

On Monday afternoon, the maestro of Trump’s legal crusade was still at Georgetown University Hospital, according to a person familiar with the situation, who said Giuliani was there as a precautionary measure.

Two people who spoke to Giuliani on Monday said he was fine and making calls. The campaign is still pressing ahead with legal actions even as they run up on deadlines, but it’s unclear when Giuliani will be able to appear in person again or if he will call into upcoming hearings.

Trump said his first call of the day was with Giuliani, and described him as “doing very well” and without a fever.

“He actually called me early this morning, he was the first call I got,” Trump said after a presentation for the Presidential Medal of Freedom to Dan Gable in the Oval Office. “Greatest mayor in the history of New York and what he’s doing now is more important, and he will admit that.”

Describing his own political prognosis, Trump seemed to pair his usual swagger with a touch of realism about the grim legal picture for his campaign: “You know, in politics, I won 2, so I’m 2-and-0. And that’s pretty good, too,” Trump said, before adding: “But we’ll see how that turns out.”



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Sustaining good governance requires good systems

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A prominent feature of the first year of the NPP government is that it has not engaged in the institutional reforms which was expected of it. This observation comes in the context of the extraordinary mandate with which the government was elected and the high expectations that accompanied its rise to power. When in opposition and in its election manifesto, the JVP and NPP took a prominent role in advocating good governance systems for the country. They insisted on constitutional reform that included the abolition of the executive presidency and the concentration of power it epitomises, the strengthening of independent institutions that overlook key state institutions such as the judiciary, public service and police, and the reform or repeal of repressive laws such as the PTA and the Online Safety Act.

The transformation of a political party that averaged between three to five percent of the popular vote into one that currently forms the government with a two thirds majority in parliament is a testament to the faith that the general population placed in the JVP/ NPP combine. This faith was the outcome of more than three decades of disciplined conduct in the aftermath of the bitter experience of the 1988 to 1990 period of JVP insurrection. The manner in which the handful of JVP parliamentarians engaged in debate with well researched critiques of government policy and actions, and their service in times of disaster such as the tsunami of 2004 won them the trust of the people. This faith was bolstered by the Aragalaya movement which galvanized the citizens against the ruling elites of the past.

In this context, the long delay to repeal the Prevention of Terrorism Act which has earned notoriety for its abuse especially against ethnic and religious minorities, has been a disappointment to those who value human rights. So has been the delay in appointing an Auditor General, so important in ensuring accountability for the money expended by the state. The PTA has a long history of being used without restraint against those deemed to be anti-state which, ironically enough, included the JVP in the period 1988 to 1990. The draft Protection of the State from Terrorism Act (PSTA), published in December 2025, is the latest attempt to repeal and replace the PTA. Unfortunately, the PSTA largely replicates the structure, logic and dangers of previous failed counter terrorism bills, including the Counter Terrorism Act of 2018 and the Anti Terrorism Act proposed in 2023.

Misguided Assumption

Despite its stated commitment to rule of law and fundamental rights, the draft PTSA reproduces many of the core defects of the PTA. In a preliminary statement, the Centre for Policy Alternatives has observed among other things that “if there is a Detention Order made against the person, then in combination, the period of remand and detention can extend up to two years. This means that a person can languish in detention for up to two years without being charged with a crime. Such a long period again raises questions of the power of the State to target individuals, exacerbated by Sri Lanka’s history of long periods of remand and detention, which has contributed to abuse and violence.” Human Rights lawyer Ermiza Tegal has warned against the broad definition of terrorism under the proposed law: “The definition empowers state officials to term acts of dissent and civil disobedience as ‘terrorism’ and will lawfully permit disproportionate and excessive responses.”  The legitimate and peaceful protests against abuse of power by the authorities cannot be classified as acts of terror.

The willingness to retain such powers reflects the surmise that the government feels that keeping in place the structures that come from the past is to their benefit, as they can utilise those powers in a crisis. Due to the strict discipline that exists within the JVP/NPP at this time there may be an assumption that those the party appoints will not abuse their trust. However, the country’s experience with draconian laws designed for exceptional circumstances demonstrates that they tend to become tools of routine governance. On the plus side, the government has given two months for public comment which will become meaningful if the inputs from civil society actors are taken into consideration.

Worldwide experience has repeatedly demonstrated that integrity at the level of individual leaders, while necessary, is not sufficient to guarantee good governance over time. This is where the absence of institutional reform becomes significant. The aftermath of Cyclone Ditwah in particular has necessitated massive procurements of emergency relief which have to be disbursed at maximum speed. There are also significant amounts of foreign aid flowing into the country to help it deal with the relief and recovery phase. There are protocols in place that need to be followed and monitored so that a fiasco like the disappearance of tsunami aid in 2004 does not recur. To the government’s credit there are no such allegations at the present time. But precautions need to be in place, and those precautions depend less on trust in individuals than on the strength and independence of oversight institutions.

Inappropriate Appointments

It is in this context that the government’s efforts to appoint its own preferred nominees to the Auditor General’s Department has also come as a disappointment to civil society groups. The unsuitability of the latest presidential nominee has given rise to the surmise that this nomination was a time buying exercise to make an acting appointment. For the fourth time, the Constitutional Council refused to accept the president’s nominee. The term of the three independent civil society members of the Constitutional Council ends in January which would give the government the opportunity to appoint three new members of its choice and get its way in the future.

The failure to appoint a permanent Auditor General has created an institutional vacuum at a critical moment. The Auditor General acts as a watchdog, ensuring effective service delivery promoting integrity in public administration and providing an independent review of the performance and accountability. Transparency International has observed “The sequence of events following the retirement of the previous Auditor General points to a broader political inertia and a governance failure. Despite the clear constitutional importance of the role, the appointment process has remained protracted and opaque, raising serious questions about political will and commitment to accountability.”

It would appear that the government leadership takes the position they have been given the mandate to govern the country which requires implementation by those they have confidence in. This may explain their approach to the appointment (or non-appointment) at this time of the Auditor General. Yet this approach carries risks. Institutions are designed to function beyond the lifespan of any one government and to protect the public interest even when those in power are tempted to act otherwise. The challenge and opportunity for the NPP government is to safeguard independent institutions and enact just laws, so that the promise of system change endures beyond personalities and political cycles.

by Jehan Perera

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General education reforms: What about language and ethnicity?

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A new batch arrived at our Faculty again. Students representing almost all districts of the country remind me once again of the wonderful opportunity we have for promoting social and ethnic cohesion at our universities. Sadly, however, many students do not interact with each other during the first few semesters, not only because they do not speak each other’s language(s), but also because of the fear and distrust that still prevails among communities in our society.

General education reform presents an opportunity to explore ways to promote social and ethnic cohesion. A school curriculum could foster shared values, empathy, and critical thinking, through social studies and civics education, implement inclusive language policies, and raise critical awareness about our collective histories. Yet, the government’s new policy document, Transforming General Education in Sri Lanka 2025, leaves us little to look forward to in this regard.

The policy document points to several “salient” features within it, including: 1) a school credit system to quantify learning; 2) module-based formative and summative assessments to replace end-of-term tests; 3) skills assessment in Grade 9 consisting of a ‘literacy and numeracy test’ and a ‘career interest test’; 4) a comprehensive GPA-based reporting system spanning the various phases of education; 5) blended learning that combines online with classroom teaching; 6) learning units to guide students to select their preferred career pathways; 7) technology modules; 8) innovation labs; and 9) Early Childhood Education (ECE). Notably, social and ethnic cohesion does not appear in this list. Here, I explore how the proposed curriculum reforms align (or do not align) with the NPP’s pledge to inculcate “[s]afety, mutual understanding, trust and rights of all ethnicities and religious groups” (p.127), in their 2024 Election Manifesto.

Language/ethnicity in the present curriculum

The civil war ended over 15 years ago, but our general education system has done little to bring ethnic communities together. In fact, most students still cannot speak in the “second national language” (SNL) and textbooks continue to reinforce negative stereotyping of ethnic minorities, while leaving out crucial elements of our post-independence history.

Although SNL has been a compulsory subject since the 1990s, the hours dedicated to SNL are few, curricula poorly developed, and trained teachers few (Perera, 2025). Perhaps due to unconscious bias and for ideological reasons, SNL is not valued by parents and school communities more broadly. Most students, who enter our Faculty, only have basic reading/writing skills in SNL, apart from the few Muslim and Tamil students who schooled outside the North and the East; they pick up SNL by virtue of their environment, not the school curriculum.

Regardless of ethnic background, most undergraduates seem to be ignorant about crucial aspects of our country’s history of ethnic conflict. The Grade 11 history textbook, which contains the only chapter on the post-independence period, does not mention the civil war or the events that led up to it. While the textbook valourises ‘Sinhala Only’ as an anti-colonial policy (p.11), the material covering the period thereafter fails to mention the anti-Tamil riots, rise of rebel groups, escalation of civil war, and JVP insurrections. The words “Tamil” and “Muslim” appear most frequently in the chapter, ‘National Renaissance,’ which cursorily mentions “Sinhalese-Muslim riots” vis-à-vis the Temperance Movement (p.57). The disenfranchisement of the Malaiyaha Tamils and their history are completely left out.

Given the horrifying experiences of war and exclusion experienced by many of our peoples since independence, and because most students still learn in mono-ethnic schools having little interaction with the ‘Other’, it is not surprising that our undergraduates find it difficult to mix across language and ethnic communities. This environment also creates fertile ground for polarizing discourses that further divide and segregate students once they enter university.

More of the same?

How does Transforming General Education seek to address these problems? The introduction begins on a positive note: “The proposed reforms will create citizens with a critical consciousness who will respect and appreciate the diversity they see around them, along the lines of ethnicity, religion, gender, disability, and other areas of difference” (p.1). Although National Education Goal no. 8 somewhat problematically aims to “Develop a patriotic Sri Lankan citizen fostering national cohesion, national integrity, and national unity while respecting cultural diversity (p. 2), the curriculum reforms aim to embed values of “equity, inclusivity, and social justice” (p. 9) through education. Such buzzwords appear through the introduction, but are not reflected in the reforms.

Learning SNL is promoted under Language and Literacy (Learning Area no. 1) as “a critical means of reconciliation and co-existence”, but the number of hours assigned to SNL are minimal. For instance, at primary level (Grades 1 to 5), only 0.3 to 1 hour is allocated to SNL per week. Meanwhile, at junior secondary level (Grades 6 to 9), out of 35 credits (30 credits across 15 essential subjects that include SNL, history and civics; 3 credits of further learning modules; and 2 credits of transversal skills modules (p. 13, pp.18-19), SNL receives 1 credit (10 hours) per term. Like other essential subjects, SNL is to be assessed through formative and summative assessments within modules. As details of the Grade 9 skills assessment are not provided in the document, it is unclear whether SNL assessments will be included in the ‘Literacy and numeracy test’. At senior secondary level – phase 1 (Grades 10-11 – O/L equivalent), SNL is listed as an elective.

Refreshingly, the policy document does acknowledge the detrimental effects of funding cuts in the humanities and social sciences, and highlights their importance for creating knowledge that could help to “eradicate socioeconomic divisions and inequalities” (p.5-6). It goes on to point to the salience of the Humanities and Social Sciences Education under Learning Area no. 6 (p.12):

“Humanities and Social Sciences education is vital for students to develop as well as critique various forms of identities so that they have an awareness of their role in their immediate communities and nation. Such awareness will allow them to contribute towards the strengthening of democracy and intercommunal dialogue, which is necessary for peace and reconciliation. Furthermore, a strong grounding in the Humanities and Social Sciences will lead to equity and social justice concerning caste, disability, gender, and other features of social stratification.”

Sadly, the seemingly progressive philosophy guiding has not moulded the new curriculum. Subjects that could potentially address social/ethnic cohesion, such as environmental studies, history and civics, are not listed as learning areas at the primary level. History is allocated 20 hours (2 credits) across four years at junior secondary level (Grades 6 to 9), while only 10 hours (1 credit) are allocated to civics. Meanwhile, at the O/L, students will learn 5 compulsory subjects (Mother Tongue, English, Mathematics, Science, and Religion and Value Education), and 2 electives—SNL, history and civics are bunched together with the likes of entrepreneurship here. Unlike the compulsory subjects, which are allocated 140 hours (14 credits or 70 hours each) across two years, those who opt for history or civics as electives would only have 20 hours (2 credits) of learning in each. A further 14 credits per term are for further learning modules, which will allow students to explore their interests before committing to a A/L stream or career path.

With the distribution of credits across a large number of subjects, and the few credits available for SNL, history and civics, social/ethnic cohesion will likely remain on the back burner. It appears to be neglected at primary level, is dealt sparingly at junior secondary level, and relegated to electives in senior years. This means that students will be able to progress through their entire school years, like we did, with very basic competencies in SNL and little understanding of history.

Going forward

Whether the students who experience this curriculum will be able to “resist and respond to hegemonic, divisive forces that pose a threat to social harmony and multicultural coexistence” (p.9) as anticipated in the policy, is questionable. Education policymakers and others must call for more attention to social and ethnic cohesion in the curriculum. However, changes to the curriculum would only be meaningful if accompanied by constitutional reform, abolition of policies, such as the Prevention of Terrorism Act (and its proxies), and other political changes.

For now, our school system remains divided by ethnicity and religion. Research from conflict-ridden societies suggests that lack of intercultural exposure in mono-ethnic schools leads to ignorance, prejudice, and polarized positions on politics and national identity. While such problems must be addressed in broader education reform efforts that also safeguard minority identities, the new curriculum revision presents an opportune moment to move this agenda forward.

(Ramya Kumar is attached to the Department of Community and Family Medicine, Faculty of Medicine, University of Jaffna).

Kuppi is a politics and pedagogy happening on the margins of the lecture hall that parodies, subverts, and simultaneously reaffirms social hierarchies.

by Ramya Kumar

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Top 10 Most Popular Festive Songs

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Certain songs become ever-present every December, and with Christmas just two days away, I thought of highlighting the Top 10 Most Popular Festive Songs.

The famous festive songs usually feature timeless classics like ‘White Christmas,’ ‘Silent Night,’ and ‘Jingle Bells,’ alongside modern staples like Mariah Carey’s ‘All I Want for Christmas Is You,’ Wham’s ‘Last Christmas,’ and Brenda Lee’s ‘Rockin’ Around the Christmas Tree.’

The following renowned Christmas songs are celebrated for their lasting impact and festive spirit:

*  ‘White Christmas’ — Bing Crosby

The most famous holiday song ever recorded, with estimated worldwide sales exceeding 50 million copies. It remains the best-selling single of all time.

*  ‘All I Want for Christmas Is You’ — Mariah Carey

A modern anthem that dominates global charts every December. As of late 2025, it holds an 18x Platinum certification in the US and is often ranked as the No. 1 popular holiday track.

Mariah Carey: ‘All I Want for Christmas Is You’

*  ‘Silent Night’ — Traditional

Widely considered the quintessential Christmas carol, it is valued for its peaceful melody and has been recorded by hundreds of artistes, most famously by Bing Crosby.

*  ‘Jingle Bells’ — Traditional

One of the most universally recognised and widely sung songs globally, making it a staple for children and festive gatherings.

*  ‘Rockin’ Around the Christmas Tree’ — Brenda Lee

Recorded when Lee was just 13, this rock ‘n’ roll favourite has seen a massive resurgence in the 2020s, often rivaling Mariah Carey for the top spot on the Billboard Hot 100.

*  ‘Last Christmas’ — Wham!

A bittersweet ’80s pop classic that has spent decades in the top 10 during the holiday season. It recently achieved 7x Platinum status in the UK.

*  ‘Jingle Bell Rock’ — Bobby Helms

A festive rockabilly standard released in 1957 that remains a staple of holiday radio and playlists.

*  ‘The Christmas Song (Chestnuts Roasting on an Open Fire)’— Nat King Cole

Known for its smooth, warm vocals, this track is frequently cited as the ultimate Christmas jazz standard.

Wham! ‘Last Christmas’

*  ‘It’s the Most Wonderful Time of the Year’ — Andy Williams

Released in 1963, this high-energy big band track is famous for capturing the “hectic merriment” of the season.

*  ‘Rudolph the Red-Nosed Reindeer’ — Gene Autry

A beloved narrative song that has sold approximately 25 million copies worldwide, cementing the character’s place in Christmas folklore.

Other perennial favourites often in the mix:

*  ‘Feliz Navidad’ – José Feliciano

*  ‘A Holly Jolly Christmas’ – Burl Ives

*  ‘Let It Snow! Let It Snow! Let It Snow!’ – Frank Sinatra

Let me also add that this Thursday’s ‘SceneAround’ feature (25th December) will be a Christmas edition, highlighting special Christmas and New Year messages put together by well-known personalities for readers of The Island.

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