Courts Repeatedly Refused To Consider Trump’s Election Claims On The Merits

Courts Repeatedly Refused To Consider Trump’s Election Claims On The Merits. By Bob Anderson.

The election is over. There has been an inauguration. So why did ABC’s George Stephanopoulos feel the need to berate a U.S. senator and his audience with the demand, “Can’t you just say the words: This election was not stolen?” Why must he shout, “There were 86 challenges filed by President Trump and his allies in court. All were dismissed!”

The number is 29.

Let’s start with some clarity: The list of more than 80 cases includes both the same cases that were appealed through various courts and many that had no direct tie to the president’s legal team or the Republican Party. In reality, there were 28 unique cases filed across the six contested states by President Trump or others on his behalf.

Twelve were filed in Pennsylvania, six in Georgia, and two or three in each of the other states. Of course, there was also the lawsuit filed by the state of Texas against the state of Pennsylvania that had the potential to change the outcome. So let’s call it 29. …

Death by technicalities:

A review of them shows that, contrary to a common narrative, few were ever considered on the merits. … We can recognize that many of the cases produced no useful information relative to election integrity. …

Example:

A Trump lawsuit in Michigan (Donald J. Trump for President, Inc. v. Benson) alleging state law was violated by the failure to allow access by observers, and seeking to stop counting, was ruled moot since it was not filed until 4:00 p.m. on Nov. 4, after votes were counted. …

So we are left with the memory of the videos of vote counters clapping as Republican observers were evicted and of covers being placed over windows. …

Example:

A lawsuit in Pennsylvania, Metcalfe v. Wolf, claimed “approximately 144,000 to 288,000 completed mail-in and/or absentee ballots” in Pennsylvania may have been illegal based on testimony from a U.S. Postal Service contractor. The contractor said he was hired to haul a truck of what he believed to be this many completed mail-in ballots from New York to Pennsylvania….

The judge tossed it since the state’s Election Code required their request to be filed within 20 days of the alleged violation, which was Nov. 23. They filed Dec. 4. We’ll never know if that truck brought in pallets of completed ballots — an amount sufficient to overturn the state’s Electoral College vote.

Too early and too late:

Republicans also often found themselves in an impossible “damned if you do, damned if you don’t” situation on the timing of challenges to election laws.

In Georgia Republican Party, Inc. et al. v. Raffensperger et al, candidates Kelly Loeffler and David Perdue sued prior to their U.S. Senate run-offs, alleging harm would occur from unconstitutional election procedures. Their counsel noted (on appeal) that the court “dismissed the case for lack of standing, reasoning that ‘the Supreme Court instructs that a theory of future injury is too speculative to satisfy the well-established requirement that threatened injury must be certainly impending.’” Filed too early.

In the same state, a federal judge dismissed Sidney Powell’s lawsuit (Pearson v. Kemp), in part citing that it was filed too late — it should have been filed before the election. As another example, in Trump v. Wisconsin Elections Commission, a judge dismissed the president’s suit saying it involved “issues he plainly could have raised before the vote occurred.”

Together, it demonstrated the hurdle that many election cases faced — denied before the election as “speculative,” or afterward as too late. …

The Supreme Court refused to hear any evidence or argument:

In December, the court rejected a key lawsuit filed by the state of Texas (Texas v. Pennsylvania), and joined by 18 other state attorneys general, alleging that Pennsylvania, Georgia, Michigan, and Wisconsin violated the U.S. Constitution by changing election procedures through non-legislative means. The justices ruled that Texas lacked standing under Article III of the Constitution to challenge the results of the election held by another state. …

The Supreme Court also refused to hear any of Sidney Powell’s cases — in Arizona, Wisconsin, and Michigan — and in doing so, deprived Americans of the chance to hear evidence for and against very serious claims that electronic voting machines could be manipulated. Of all of the allegations, perhaps none more so instilled fear into voters as the possibility that our votes could be tampered with and changed, thwarting democracy itself.

Did the machines really show decimal totals for votes rather than integers? Were they designed to flip votes, and in such a way that no audit could trace it? Were these machines connected to the internet on election night, and did data show that foreign actors accessed it? Voters will never know. The court could have held these claims up to the objective light of justice, and either exposed it all as painfully true or wildly false, but it didn’t.

When most needed, the court that once took the time to render a decision on whether a tomato is a fruit or vegetable chose to punt on each of the key presidential election cases. American voters are worse off for it as confidence in elections erodes.

All the institutions failed to do their jobs. All the institutions are dominated by the left. There is no fair referee who will enforce the rules, anymore.