Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

NYC Liberal

(20,135 posts)
Wed Nov 4, 2020, 09:55 AM Nov 2020

Trump would've given the same speech even if it was a blowout

Biden could have been on track to win 500 EV. Same speech. He was never going to concede gracefully.

It’s all bluster.

He can’t go directly to SCOTUS. They would hear an appeal from a state court or lower federal court.

There’s no legal comparison to be made to 2000, because 2000 was about stopping a recount. Trump wants to not count votes at all. No court, not even this SCOTUS, is going to do that. You can do some gymnastics to justify stopping a recount because “the votes have already been counted so this is a waste of time”; there is no way to justify “we shouldn’t count legitimate ballots at all.”

Trump is going to lose. He won’t go quietly, everyone knew that, but he will go because that’s just how it is.

Then he’ll spend the next 4 years holding more rallies and probably run in 2024. He won’t win the GOP primary, though, so he’ll run third-party and split the vote. Biden (or Harris if he only serves one term) wins bigger next time.

3 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Trump would've given the same speech even if it was a blowout (Original Post) NYC Liberal Nov 2020 OP
Precisely. The Supreme Court has original jurisdiction over only a few kinds of cases, The Velveteen Ocelot Nov 2020 #1
I think a SCOTUS ruling, if they even heard the case (doubtful) is 5-4 against Trump: NYC Liberal Nov 2020 #2
The Constitutional originalists would also likely rule against Trump The Velveteen Ocelot Nov 2020 #3

The Velveteen Ocelot

(115,656 posts)
1. Precisely. The Supreme Court has original jurisdiction over only a few kinds of cases,
Wed Nov 4, 2020, 10:10 AM
Nov 2020

and this wouldn't be one of them. He would have to apply for an injunction to a federal district court - several of them, actually, which would deny the injunction so fast his head would spin, and then he'd have to follow the appellate process to get to the Supreme Court - if it got that far. Bush v. Gore, as you point out, had to do with stopping a recount, not an initial vote, and it was on an appeal from the Florida Supreme Court, not taken up in the first instance by the US Supreme Court, as it could not have been. And even this Supreme Court has made it pretty clear so far that they are not inclined to interfere with states' voting procedures, in accordance with the Constitution. His Lardship will be disappointed when "his" justices don't give him what he wants.

NYC Liberal

(20,135 posts)
2. I think a SCOTUS ruling, if they even heard the case (doubtful) is 5-4 against Trump:
Wed Nov 4, 2020, 10:17 AM
Nov 2020

Siding against Trump:

Roberts
Gorsuch
Breyer
Sotomayor
Kagen

Siding with Trump:

Thomas
Alito
Barrett
Boof Boy

Should be 9-0 but it won’t be.

Although I don’t think they’ll even hear a case.

The Velveteen Ocelot

(115,656 posts)
3. The Constitutional originalists would also likely rule against Trump
Wed Nov 4, 2020, 10:40 AM
Nov 2020

because the Constitution is quite clear about states running their own elections. Constitutionally, the legislature of each state determines how its electors are chosen; Art. II, Sec. 1, Clause 2 states that each state shall appoint electors "in such Manner as the Legislature Thereof May Direct." So if a state decides to choose its electors based on a popular vote in which voters can cast ballots by mail which must be counted if received by a date designated by the state legislature, I should think the originalists would be cool with that.

Latest Discussions»General Discussion»Trump would've given the ...