President Trump told us recently that we were on the cusp of getting a successful SCOTUS case.
This one may just be the one….
The President is taking his fight to the Supreme Court, citing the Bush v Gore case of 2001 as legal precedent.
This, in my opinion is the most valid legal challenge yet.
If we look at the reasons for the SCOTUS cases failing to be heard, we can see a common theme: namely that the states or entities filing have no authority to tell other states how to run elections.
This however, does not concern any state to state challenges, nor is it really concerned with intimate specifics. This case is based on one simple legal precedent:
That one cannot change election laws during, or immediatly prior to an election in order to “electioneer” results.
Here is what we currently know:
The National Pulse had more on the story:
The filing alleges the action was “in violation of Article II of the United States Constitution and Bush v. Gore,” and “represents the Campaign’s first independent U.S. Supreme Court filing and seeks relief based on the same Constitutional arguments successfully raised in Bush v. Gore,” according to the campaign’s press release.
“This petition follows a related Pennsylvania case where Justice Alito and two other justices observed ‘the constitutionality of the [Pennsylvania] Supreme Court’s decision [extending the statutory deadline for receipt of mail ballots from 8 pm on election day to 5 pm three days later] … has national importance, and there is a strong likelihood that the State Supreme Court decision violates the Federal Constitution,” the press release, authored by Rudy Giuliani notes.
The Official Trump/Pence website has the motion detailed here:
President Trump’s campaign today issued the following statement:
“Donald J. Trump for President, Inc., President Trump’s campaign committee, today filed a petition for writ of certiorari to the US. Supreme Court to reverse a trio of Pennsylvania Supreme Court cases which illegally changed Pennsylvania’s mail balloting law immediately before and after the 2020 presidential election in violation of Article II of the United States Constitution and Bush v. Gore. This represents the Campaign’s first independent U.S. Supreme Court filing and seeks relief based on the same Constitutional arguments successfully raised in Bush v. Gore.
“This petition follows a related Pennsylvania case where Justice Alito and two other justices observed ‘the constitutionality of the [Pennsylvania] Supreme Court’s decision [extending the statutory deadline for receipt of mail ballots from 8 pm on election day to 5 pm three days later] … has national importance, and there is a strong likelihood that the State Supreme Court decision violates the Federal Constitution.’
“The Campaign’s petition seeks to reverse three decisions which eviscerated the Pennsylvania Legislature’s protections against mail ballot fraud, including (a) prohibiting election officials checking whether signatures on mail ballots are genuine during canvassing on Election Day, (b) eliminating the right of campaigns to challenge mail ballots during canvassing for forged signatures and other irregularities, (c) holding that the rights of campaigns to observe the canvassing of mail ballots only meant that they only were allowed to be ‘in the room’ - in this case, the Philadelphia Convention Center – the size of several football fields, and (d) eliminating the statutory requirements that voters properly sign, address, and date mail ballots.
“The petition seeks all appropriate remedies, including vacating the appointment of electors committed to Joseph Biden and allowing the Pennsylvania General Assembly to select their replacements. The Campaign also moved for expedited consideration, asking the Supreme Court to order responses by December 23 and a reply by December 24 to allow the U.S. Supreme Court to rule before Congress meets on January 6 to consider the votes of the electoral college.”
- Rudy Giuliani, attorney for President Trump
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