Trump Can't Face Defeat: Calls on Rudy Gee to Lead Court Battles with Bogus Claims

 

I'm the Shield that Protects the President

(So, hold off on your usual “Fake News”) 

Lingering question: “Could the 2020 election results be decided by the U.S. Supreme Court (USSC)?” (Which is exactly what Trump wants).

Background: The USSC rejected a plea from PA Republicans to overturn a three-day extension of the absentee ballot deadline which PA usually required mail-in ballot arrival by 8 pm on election night.

The PA Supreme Court extended that deadline by three days for ballots postmarked by election day, a move likely to allow thousands of late-arriving ballots to be counted.

• PA Republicans then asked the USSC to halt that ruling pending appeal, but it declined to do so. They deadlocked 4-4 and offered no explanation.

• PA Republicans again asked the USSC to expedite the case, which the court again declined to do.

Two cases: Ballots postmarked before Election Day but arriving within 3 days after is the issue in both PA and NC right now.

Key Point: Before the court’s decision, PA top election officials did in fact instruct counties to segregate ballots that arrived after 8 pm on Election Day from ones that arrived before that same date. 

The move appeared to be an attempt to ensure any future court ruling could target just the late-arriving ballots without affecting those that made the deadline. 

That is what the USSC said should and indeed was already in place and happening in PA.

PA AG, Josh Shapiro, who told the court, (reported by the WSJ): “This was a careful decision designed to ensure all eligible Pennsylvania votes will be counted and to stave off anticipated legal challenges from Donald Trump and his enablers. It allows voters to return ballots up to three days after elections, as long as they are postmarked by Election Day.”

Despite that PA high court ruling, Justices Alito, Gorsuch, and Thomas signaled the court might still consider the case after the election, saying the PA high court “…likely violated the federal constitution,” and that decision “…could lead to serious post-election problems.”

However, earlier, the NC top state board of elections agreed to extend that deadline until 12 November, in an effort to settle a lawsuit.

Then NC Republicans who control the state legislature challenged that extension and asked the USSC to overturn it.

NOTE: The USSC stepped in and blocked a six-day extension of the ballot receipt deadline in Wisconsin.  But, the NC and PA cases where the court declined to intervene, involved disputes over state law tied up in state courts – the WI case was limited to a Federal court.

In the PA ruling, the three conservative justices also voiced support for the view that state supreme courts have limited authority to second-guess legislatures on rules for federal elections, a view that Justice Kavanaugh also voiced but later.

NOTE: Kavanaugh the 4-4 vote breaker, and then Barrett could be the 5-4 swing vote that pleases Trump – which BTW has been his plan all along.

Key & My Emphasis: The USSC offered no explanation for the NC case, which is not unusual for emergency called cases. Gorsuch, Alito, and Thomas said they would have blocked the extension. Gorsuch wrote in part: “the NC state board exceeded its authority.”

NOTE: State legislatures have the power to set election rules and changes and did so earlier, but they left the ballot receipt deadline intact.

That is the disconnect with the various court rulings at this point that Trump’s side is clinging to … which seems to be a very weak case.

My 2 cents:  How weak is Trump’s challenge cases you might ask?

That supposition reminded me of this classic Abe Lincoln quip that he told a senate race opponent in Illinois about his argument being weak.

How weak his opponent asked and Lincoln quipped: “As weak as soup made by boiling the shadow of a pidgin that had starved to death – that weak sir.”

Further and at this point and just like the late great Yogi Berra quipped: “It ain’t over till it’s over.”

Seems as though Trump and his side are grasping at straws about losing and Trump himself can never accept losing anything.

Basic argument: Did PA follow the rules and law by separating late arrival ballots as the USSC later reminded and directed – yes, they did.

Trump via his personal attorney and barking dog, Rudy Giuliani, seem to be looking for another Florida circa 2000 (Bush v. Gore) outcome. All the while they keep searching for zebras in the forest where BTW zebras don’t live.

Stay tuned since Trump can never tolerate losing about anything – and this is his biggest defeat to date in his whole life.

Thanks for stopping by.