Everyone in the legal world assumes that the justices, bruised by the excoriation the Court has received over Bush v. Gore (even though the result was right), would never put itself in the position of reversing the apparent results of a presidential election. This assumption is the reason for the Democrats' efforts to create an irresistible bandwagon effect, but the president's lawyers may have out-maneuvered them. The justices may have no choice except to decide the election, one way or the other, and to be put to the choice of reversing the media-claimed results or ratifying massive fraud.
The legitimacy of the Court could survive through, and even be enhanced by, a carefully explained reversal of initial results. It could not survive a mealy-mouthed ratification of obvious fraud. If Trump's lawyers make their case factually, the Court must agree.
MolaMolaMola2020-11-18 15:22:59
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As for the obviousness of the point, consider as a thought experiment a state law requiring that all votes be counted in secret by an unelected board named by the party in power. Could it survive a constitutional challenge?
As my old Harvard constitutional law professors would have said, "to ask the question is to answer it." It is hard to count all the constitutional guarantees violated here: Equal Protection, Due Process, Privileges and Immunities. Indeed, the complaint stacks up the Supreme Court precedents supporting its arguments, including the long line of ringing statements in the chain of one-person-one-vote decisions.
Even the late Justice Ginsburg, who never met a progressive argument she could not support, would have trouble upholding such a law.