Among many of the inaccurate and misleading statements President Donald Trump made during his East Room remarks early Wednesday morning was a claim that “we will be going to the U.S. Supreme Court” to halt the counting of votes in those states in which no final projection has been made.
First, there’s no actual mechanism for anyone, including the president, to “go to” the Supreme Court and get the court to stop a state’s vote counting. Second, as the results from that count become clearer, the actual legal mechanisms that are available to the president are increasingly unlikely to change the outcome of this election. Whether or not the Supreme Court may otherwise be inclined to help Trump in an appropriate case, the odds that it will be in any position to do so are getting longer by the minute.
More fundamentally, there’s no plausible legal argument for ordering states to stop their initial count, which is what is still going on today. No state finishes counting on Election Day — even states where races are called by the media — and there is just no remotely plausible legal argument for why an initial count should be halted (rather than challenged, once it’s complete). That’s why, at least thus far, the lawsuits that have been filed are almost entirely about marginal issues — such as the validity of mail-in ballots that arrive after Election Day or the efforts in some states that allowed some voters to “cure” defective ballots if they did so by Election Day.NBC Trump’s Supreme Court election ploy unlikely to change 2020’s Electoral College results
Of course, if we are headed for a dictatorship, and a kangaroo court that rules in the dictator’s favor, then nothing but a people’s revolt can stop that. Republicans claim to be all about law and order.
Will they actually follow the law and count all votes, and the abide by the results, or will Republicans commit a coup, and overthrow the Republic, installing Trump as a Dear Leader, in charge of a dictatorship that is darker than that of Hitler?