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Can Donald Trump go to “fight” the election result in the Supreme Court?

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Votes from Pennsylvania, Georgia, Nevada, & Arizona are still piling up. They’re still “lawfully” tallying the votes. But, Donald Trump still declared on Thursday that he will be “going to the Supreme Court” to fight the 2020 Election Results, especially for the Presidential elections. So, is it that easy for him to do so?

In reality, that is not how the Supreme Court of the US works. Donald Trump’s rhetoric in his press conferences creates the appearance of uncertainty around election results. However, the reality is that the kind of uncertainty he alleges simply doesn’t exist yet. Since Wednesday, there have been a number of lawsuits filed in the courts, but none can affect the final vote tally of the elections.

The current state of the election

Now, that can of course change. Firstly, the Trump campaign is trying to seek a recount in the state of Wisconsin, which Joe Biden won by over 20,000 votes, according to Desk HQ. And it’s extremely unlikely for the recount to overturn that many votes. There’s also a pending lawsuit in the Supreme Court whether Pennsylvania can count absentee ballots or not, which arrived between the 4th and 6th of November. However, that could only be of serious concern to Donald Trump if Pennsylvania’s 20 electoral college votes get to decide the Presidential Elections.

According to the Electoral College votes, Donald Trump is losing in Georgia, Pennsylvania, Nevada, & Arizona. All Biden has to do is either win one of GA or PA or win both Nevada and Arizona. And by the looks of the votes, it looks like Biden could win all four of them.

Regardless of the lawsuits, the Trump campaign is spreading disinformation about ballots being counted after the election day. However, the reality is that this is something that happens in almost every election. On Wednesday in Michigan, Trump supporters even tried to disrupt ballot counting. The President’s words are causing unrest and hurting the election at this point.

The lawsuits filed by Donald Trump’s campaign

Can Donald Trump go to "fight" the election result in the Supreme Court?
Wikimedia Commons

Donald Trump filed a total of five legal actions on Wednesday. Two were in Michigan and Pennsylvania, aimed at halting ballot counting on the basis that Republicans didn’t get proper access to observe the process. Then, the Trump campaign filed for another legal action to stop ballot counting in Clark County on the same grounds, but this time it was successful.

Then there was another lawsuit, accusing Pennsylvania of giving first-time voters more than needed time to comply with ID requirement. The fourth one was also against Pennsylvania, which is already in the Supreme Court. Finally, the fifth lawsuit by Donald Trump’s campaign claimed that they received information on absentee ballots arriving after Georgia’s election day deadline. They wanted to make sure none of them were counted.

Apart from the Pennsylvania lawsuit in the Supreme Court, all of these will take time to find their way to the higher courts. And the court probably won’t act on these lawsuits, unless it could change the outcome of the entire election. For those who think this is like Bush v Gore in the 2000 US Elections, it absolutely is not. That had a series of back and forth lawsuits by both Bush and Gore’s campaign. And the stakes were too high, with the Presidency resting on a handful of votes in Florida. The 2020 US Elections are nowhere near that close, and Joe Biden, as of right now, has a profound lead on Donald Trump.

Trump’s last hope?

All of Donald Trump’s hopes are resting on the Supreme Court having a majority of Conservative Judges. That’s why he was so quick to replace Ruth Bader Ginsburg after her death with Amy Coney Barret. And it is true that the Court has sided with Republican’s efforts to restrict mail-in-voting in America.

That’s why Donald Trump has been so keen to move to the Supreme Court with his lawsuits. Now, the Biden campaign has not been so active before the election with lawsuits. However, they have funding worth millions of dollars to fight any legal battle against the Trump campaign. Bob Bauer, a senior adviser to Biden’s campaign, totally dismissed Donald Trump’s threats. He told Vox:

If at some point he arrives before the Supreme Court with a novel proposition that ballots that were lawfully cast by eligible voters, but not yet counted by the time Donald Trump wanted them counted, that somehow they don’t count anymore, he will be in for one of the most embarrassing defeats a president ever suffered before the highest court of the land.


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