Read the story here. Advertise at Before It's News here.
Profile image
Story Views
Last hour:
Last 24 hours:

Don’t Count On The Supreme Court To Hear Any Election Challenges

% of readers think this story is Fact. Add your two cents.

Walter Olson

Yesterday we saw one of the first glimpses of how the Supreme Court may handle the legal actions filed by President Trump and his allies aimed at overturning the results of the presidential election. A group of Republicans sued Pennsylvania seeking to prevent the state from further steps to make Joe Biden’s win in that state official. (The governor has already certified that win.) After losing at the Pennsylvania Supreme Court, they sought review at the Supreme Court. Quoting reporter Zoe Tillman:

Justice Alito (who handles emergency actions out of the 3rd Circuit) ordered a response [from Pennsylvania] by Dec. 9, per the court — the day after the federal safe harbor deadline for state election results. This is significant.

Were there a serious chance that the suit might reverse the outcome, Alito might have ordered briefing on a more expedited as opposed to leisurely basis. [Update: the Justice has now revised the order to allow faster consideration after all.]

Ilya Shapiro’s election week post in this space predicted many of the legal turns we have seen the past four weeks, including intense Trump challenges in the states in which counting of heavily Democratic mail ballots enabled Biden to overcome a deficit in votes cast on Election Day, as well as the controversy over varying county practice in Pennsylvania on “curing” defective mail ballots.

Looking ahead to the question of what role if any the Supreme Court can be expected to play over the coming weeks, here’s my response.

I think at the present rate the most likely outcome is that the Court will decline to grant review of any Trump challenges, given the flimsiness of the claims, the lack of any obvious error in how the lower courts have handled them, and the overall mootness angle (the relatively meritorious bits would not change any state’s outcome). To be sure, that could change if, for example, a lower court happens to get some important matter egregiously wrong. Four of the nine Justices would need to vote to grant review of a lower court ruling.

This leaves me arguing with people who think the Supreme Court is sure to wade in because the stakes are so high, and because it wants to make its independence clear. I disagree on both points. High stakes alone do not make for a certiorari grant. And by turning down review of rulings that seal a Trump defeat the Court would be speaking just as eloquently, though more quietly, of its independence.


Before It’s News® is a community of individuals who report on what’s going on around them, from all around the world.

Anyone can join.
Anyone can contribute.
Anyone can become informed about their world.

"United We Stand" Click Here To Create Your Personal Citizen Journalist Account Today, Be Sure To Invite Your Friends.

Please Help Support BeforeitsNews by trying our Natural Health Products below!

Order by Phone at 888-809-8385 or online at M - F 9am to 5pm EST

Order by Phone at 888-809-8385 or online at M - F 9am to 5pm EST

Humic & Fulvic Trace Minerals Complex - Nature's most important supplement! Vivid Dreams again!

HNEX HydroNano EXtracellular Water - Improve immune system health and reduce inflammation

Ultimate Clinical Potency Curcumin - Natural pain relief, reduce inflammation and so much more.

MitoCopper - Bioavailable Copper destroys pathogens and gives you more energy. (See Blood Video)
Oxy Powder - Natural Colon Cleanser!  Cleans out toxic buildup with oxygen! 
Nascent Iodine - Promotes detoxification, mental focus and thyroid health.
Smart Meter Cover -  Reduces Smart Meter radiation by 96%!  (See Video)

Immusist Beverage Concentrate - Proprietary blend, formulated to reduce inflammation while hydrating and oxygenating the cells.

Report abuse


    Your Comments
    Question   Razz  Sad   Evil  Exclaim  Smile  Redface  Biggrin  Surprised  Eek   Confused   Cool  LOL   Mad   Twisted  Rolleyes   Wink  Idea  Arrow  Neutral  Cry   Mr. Green

    Load more ...




    Email this story
    Email this story

    If you really want to ban this commenter, please write down the reason:

    If you really want to disable all recommended stories, click on OK button. After that, you will be redirect to your options page.