There Are Indications the Court Will Intervene in Trump - Biden Case

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INDICATIONS THE COURT WILL INTERVENE IN TRUMP BIDEN CASE

1. Justice Kavanaugh wrote in a recent Wisconsin case “counting late arriving ballots could flip the results.” He also wrote that there were “suspicions of impropriety.” That was an adoption of President Trump’s false narrative of fraudulent absentee ballots.

2. The court tied four to four on a Pennsylvania ballet deadline extension case. It is not a stretch to see Justice Barrett as the fifth vote to change the vote for president.

3. President Trump has been bullying the Court in recent days. Friday October 30th , the Daily Mail reported Trump saying, “The decision is CRAZY and so bad for our country… the election should end on November third.”

4. The Trump lawyers have filed over 30 cases around the country. The Supreme Court can pick one or more cases to review. They can pick the best cases for Trump. It only takes four votes to grant review. The identity of the justices granting review is often secret.

5. The justices have lifetime appointments.

6. The Supreme Court has given a Republican the presidency before. On December 12, 2000, five justices stopped the recount in Florida and effectively gave George Bush Florida’s 25 electoral votes and the presidency.

 

PRUDENTIAL REASONS THE COURT SHOULD NOT TAKE ANY TRUMP CASES

1. They should care about the good will of the court which they inherited.

2. They must not politicize the court.

3. They should not change the election rules during the election.

4. If they are textual interpreters of the Constitution, as many of them say they are, the words could not be more clear; “Congress may at any time.” The Supreme Court has no power over the state rules.

5. The grasping of the most important political power by five members of the same party will to some extent destabilize our society.

6. Congress may rebel at the court’s usurpation of its prerogatives. The congress has some jurisdictional powers over the court system.

7. The house has the power to impeach.

8. If I am interpreting Chief Justice Robert intentions correctly, he will not vote for voter nullification. The justices should follow his lead.

9. Every lawyer in this country should weep for a system of justice that would allow such a theft.

10. To any justice who is thinking about giving the Presidency to Donald trump remember the poem by Robert Burns, “O would some power give us the gift to see ourselves as others see us.”

 Copyright 2020 James J Brosnahan 

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