The courts will NOT invalidate an election. That will involve them even more directly in electoral politics than Bush v. Gore did. It won't happen. Period, end of discussion.
“It is a strategy designed not to win an election but to invalidate its results and hold on to power through fraud.”https://t.co/PuR97cdLJW— Michael Gerson (@MJGerson) September 24, 2020
Thursday, September 24, 2020
Once More, With Feeling
And the reason is not just because they don't want to play arbiter of the people's choice (nor do they have that power), but because invalidating the Presidential election invalidates ALL elections, state and federal (the election is run by 50 states, not by D.C.). You can't invalidate the Presidential race without invalidating all races on all ballots in that state (or states). Again: period. End of discussion. Again, courts will not involve themselves in that type of politics (determining who won, who lost, up and down the ballot).
Bush v. Gore was a recount issue. The Supremes said it would overrun the 41 day deadline, which could not be permitted. (That also means Trump can't challenge results up to the Supremes up through January 19, 2021.) They did not invalidate the ballots or cry "fraud" in the election. They said Florida had to go with the last final count they had. If you expand that argument to try to invalidate results, you invalidate ALL results. That's not chaos, it's a democratic mutual suicide pact. There's a reason there's no such provision for it in law or history.
Trump is not elected by the people on November 3 by midnight. He is elected when the Congress accepts the tally submitted by the electors. Nothing he says can change that. Not. One. Damned. Thing.
Posted by Rmj at 4:34 PM