Misunderstanding the Court’s Role

Here, the misunderstanding is of the role our court system, including our Supreme Court, plays in our elections.

Recall that President Donald Trump’s campaign lawyers have filed a number of lawsuits challenging various States’ vote counting procedures. In particular, the lawyers have filed, in Federal court, alleging that

some of the state’s [Pennsylvania’s] actions, and particularly the exclusion of Republican poll-watchers during the counting of hundreds of thousands of mail-in ballots, violated federal constitutional requirements.

The complaint can be read here. (Aside: this is a separate complaint from one also filed that Pennsylvania’s Executive Branch officials altered the State’s vote handling procedures in violation of our Constitution’s Article I, Section 4, and, from that, in violation of established Pennsylvania election law (including an explicit decision last summer by Pennsylvania’s legislature to make no changes to the State’s election law).)

American Thinker‘s James DeLong, at the link, provided a sound analysis of the legal strategy underlying the lawyers’ move. But DeLong went off the rails at the end of his piece.

Everyone in the legal world assumes that the justices, bruised by the excoriation the Court has received over Bush v Gore (even though the result was right), would never put itself in the position of reversing the apparent results of a presidential election.  This assumption is the reason for the Democrats’ efforts to create an irresistible bandwagon effect, but the president’s lawyers may have out-maneuvered them.  The justices may have no choice except to decide the election, one way or the other, and to be put to the choice of reversing the media-claimed results or ratifying massive fraud.

No, the Bush Court most assuredly did not revers[e] the apparent results of the Bush-Gore election contest. That Court merely upheld the choice of the citizens of Florida, which citizens decided for themselves and joined with the decision of the aggregated citizens of the nation, who our President would be.

Similarly, our courts, including most likely our Supreme Court, will not be deciding the current election with their rulings on the Pennsylvania case or any other cases that come before them.

On the contrary, our courts—including our Supreme Court—will only be upholding and enforcing the decision of us American citizens.

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