The Supreme Court Won’t Save Trump
Joe Biden is the president-elect. Yet President Donald Trump continues to deny it, peddling conspiracy theories to explain his defeat at the hands of his Democratic challenger.
Trump has also turned to the courts for help. His campaign has filed a series of increasingly desperate and far-fetched lawsuits that seek to undermine or overturn various votes that went to Biden. But as Reason‘s Jacob Sullum has noted, “while the president insists the election was ‘stolen’ through large-scale, orchestrated fraud, the post-election lawsuits fall notably short of making that case.”
“We’ll be going to the Supreme Court,” Trump declared late on election night, as the results were already beginning to turn against him. To be sure, the Supreme Court has gotten involved in a presidential election before. But it won’t save Trump now.
In Bush v. Gore (2000), the Supreme Court was faced with the extremely narrow results coming out of Florida, in which, as the Court put it, “the Florida Division of Elections reported that [George W.] Bush had received 2,909,135 votes, and [Al] Gore had received 2,907,351 votes, a margin of 1,784 for Governor Bush.” There is no comparison between that tight case and Biden’s increasingly lopsided win over Trump. “We opposed each other in Bush v. Gore,” declared a recent Washington Post op-ed by the lawyers Theodore B. Olson and David Boies, who represented Bush and Gore, respectively, before the Supreme Court in 2000. “Now w
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