I am sure everyone was disappointed that the Supreme Court rejected the claim filed by PA representatives. However, as expected, the MSM is reporting misleading information. The Supreme Court did not reject the claim, they just refused to issue an emergency injunction overturning the election results in Pennsylvania. They case is still open and likely to be decided later. Since Pennsylvania clearly violated the law, the plaintiffs have a good chance of winning. Even the Chief Justice of the PA Supreme Court who wrote a consenting and dissenting opinion admitting that.
This may be good news. Just overturning Pennsylvania would not be enough to change the results of the election. In addition, while the complaint is legitimate, the specific impact of this breech is difficult to quantify. The case filed by the State of Texas is far more significant. As of now, eight other states have joined in the lawsuit. The lawsuit argues that certain officials in Defendant States presented the pandemic as justification for ignoring state laws regarding absentee and mail-in ballots. That is easily proved.
Here is part of what is included in that lawsuit:
“Elections for federal office must comport with federal constitutional standards. For presidential elections, each state must appoint its electors to the electoral college in a manner that complies with the Constitution,” Paxton said in a statement. “The Electors Clause requirement that only state legislatures may set the rules governing the appointment of electors and elections and cannot be delegated to local officials. The majority of the rushed decisions, made by local officials, were not approved by the state legislatures, thereby circumventing the Constitution.”
“Without Defendant States’ combined 72 electoral votes, President Trump presumably has 232 electoral votes, and former Vice President Biden presumably has 234. Thus, Defendant States’ electors will determine the outcome of the election. Alternatively, if Defendant States are unable to certify 37 or more electors, neither candidate will have a majority in the Electoral College, in which case the election would devolve to the U.S. House of Representatives under the Twelfth Amendment to the U.S. Constitution.”
This could be a brilliant legal argument. It allows the Supreme Court to make a decision without being asked to directly determine the results of the election. The Court could simply remand this to the State Legislatures to either approve or reject the decisions made by local officials regarding this election. That would give State Legislatures, all controlled by Republicans, a valid excuse for rejecting vote by the slate of electors certified by the Governor(s). This would throw the election into congress on January 6, 2021. That would be a joint session of congress operating under unique rules. The House would choose the President, with each state getting two votes. Since Republicans control 27 states and Democrats control 21 states the advantage is for Trump. The Senate would choose the Vice President, also using two votes per state. If Republicans win one of two races in Georgia, they win there too.
In summary, while we would have liked the Supreme Court to issue the injunction in Pennsylvania, that was a rather crude attempt much less likely to succeed than the Texas lawsuit, particularly when 8 other states have joined in the lawsuit.
There is also an interesting development in Coffee County Georgia. The Board of Elections and Registration wrote a letter to the Secretary of State saying they cannot certify the electronic recount numbers, because of its inability to repeatably duplicate credible election results. It then states that “Any system, financial, voting, or otherwise that is not repeatable nor dependable should not be used.” This is very similar to what was reported in Antrim County, Michigan.
While the MSM is still pretending this is over, it obviously is not. If nothing changes, they will be right, and Joe Biden will be the next President. But there are a lot of things that could change before January 6, 2021 and it is only then that anyone will know for sure who will be the next President of the United States.
We do not know how the Supreme Court will respond to the Texas lawsuit. But even if it goes down the way of Pennsylvania, one thing is certain. This election won’t be over until January 6, 2021. That is good news, because nothing good has happened during 2020.
If you want to see how this really works, the following link discusses this in detail:
https://digital.library.unt.edu/ark:/67531/metadc228006/m1/1/high_res_d/RL32717_2012Nov30.pdf
January 6, 2021, a day that will live infamy, either way.
TDM