Robert HARNEIS -TDO-(France)- The US Supreme Court refused to hear the Texas case claiming the elections in Pennsylvania, Georgia, Wisconsin and Michigan were unconstitutional. They ruled “Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections,” adding “All other pending motions are dismissed as moot.” ‘Moot’ is legal jargon for undecided.
But two of the nine justices, Alito and Thomas commented that they thought the case should have been heard. Alito wrote in his statement, “In my view, we do not have discretion to deny the filing of a bill of complaint in a case that falls within our original jurisdiction. … I would therefore grant the motion to file the bill of complaint but would not grant other relief, and I express no view on any other issue,” He did not address the questions in the case.
Responding to the decision Pennsylvania Attorney General Josh Shapiro spoke for Biden supporters, saying, “The U.S. Supreme Court saw through this seditious abuse of the judicial process, and its swift denial should make anyone contemplating further attacks on our election think twice. While these stunts are legally insignificant, their cost to our country-in misleading the public about a free and fair election and in tearing at our Constitution-s high and we will not tolerate them from our sister states or anyone else”.
However, former New York City Mayor Rudy Giuliani, who is leading the Trump campaign’s legal efforts, said that he thought the court’s decision to reject the case was a “terrible mistake.”
“The worst part of this is, basically, the court is saying, we want to stay out of this and … they don’t want to give them a hearing, they don’t want the American people to hear the facts”.
He added that since the court rejected the case based on legal standing only, the president and some of the electors could bring another case in the district courts, alleging the same facts.
“These facts will remain in history unless they get resolved. They need to be heard, they need to be aired, and somebody needs to make a decision on whether they’re true or false. And some court’s gonna have to have the courage to make that decision,” he added.
Texas Attorney General Paxton released a statement shortly after the order, “It is unfortunate that the Supreme Court decided not to take this case and determine the constitutionality of these four states’ failure to follow federal and state election law. I will continue to tirelessly defend the integrity and security of our elections and hold accountable those who shirk established election law for their own convenience”.
The State of Texas had asked the Supreme Court on 7 December for permission to sue the four key states, claiming they were seeking to protect the integrity of the 2020 election.
Texas was hoping to obtain a declaration from the Supreme Court that the four states conducted their 2020 election in violation of the U.S. Constitution. For the defendant states that have already appointed electors, the suit asked the justices to order state legislatures to appoint new electors according to the U.S. Constitution.
Trump and his allies had pinned great hopes on the Texas lawsuit, calling it “the big one.” He had asked the Supreme Court to allow him to join the case as an intervening party. Nineteen Republican state attorneys general backed Texas in the lawsuit. Meanwhile, 20 Democratic state attorneys general backed the defendants.
The Republican attorneys general of Idaho and Wyoming declined to participate in the lawsuit. Republican Ohio Attorney General Dave Yost filed a brief on “behalf of neither party,” arguing in favor of the court resolving the central question raised by Texas but opposing the relief sought.
President Trump reacted to the decision saying “The Supreme Court really let us down. No Wisdom, No Courage!” he later tweeted “We have only just begun to fight.”
The Supreme Court has not considered the legal arguments so Trump’s legal team are seeking to bring the issues back via the states’ courts. The advantage of the Texas case was that it went straight to the highest court in the land. Now the President will have to exhaust all possibilities in lower state courts before reaching the ultimate decider, the Supreme Court. This takes time and on the December 14th the states representatives vote to confirm the new President. However, in normal circumstances, the new President and Vice President is not formally confirmed by Congress until January 6th.
A further difficulty for the President is that the Supreme Court has made it obvious they would very much rather not decide the issue and therefore in all probability the election.
Bearing mind that US elections are indirect and it is the delegates elected in each state that elect the President, the alternative is to get the legislatures of the four disputed states to override the election results on the grounds that they were improper and replace the Democratic delegates with Republicans for the purposes of the final certification on 6 January. Still not impossible but easier said than done.
The bulk of the US main media and some Republicans, who have never liked Trump, are saying it is all over and that Trump is mad and egotistical to continue the fight.
However a big majority of Republican voters feel, rightly or wrongly, that they have been robbed. Trump achieved the highest vote of any sitting President in the history of the United States and still lost. A lot of his supporters want to know how that could have happened. This feeling has been reinforced by the growing scandal concerning the financial activities of the Biden family, which was largely concealed during the election campaign.
It remains to be seen whether the President can defy the odds and successfully navigate his way through the Byzantine US election procedures and win. Probably not, but his opponents and those writing him off are uneasily aware that they laughed at the idea that he could win the presidency in the first place in 2016…
Trump and the Republican Party will also have in mind that the Senatorial elections are not over until January 5 when two seats will be decided in a Georgia run off. The result will decide who controls the Senate, which is crucial as to how much power the new President actually has. Beyond that it is only two years until the next mid-term elections…
With growing rank and file support from Republican voters, it looks as if whatever happens, President Trump will never concede this election.