Jake Winker Frogen
Platinum Member
- Apr 24, 2020
- 1,529
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One of the ironies of this election is now Trump is seeking a way to the Supreme Court to invalidate the various states counting methods.
Of course only in those swing states that are not going his way.
For instance if the count was stopped right now Biden is President, because he is ahead in Nevada and Arizona which puts him at the magic Electoral College number of 270.
So Trump is only trying to stop counts in Pennsylvania and Georgia where he is rapidly losing his lead.
The problem for Trump is the Supreme Court, including his new appointment, has a conservative majority. A block of them, including his new appointment, consider themselves judicial "originalists" when it comes to constitutional interpretation. That means they do not believe they can infer any powers or meaning in the constitution that is not expressly written in the exact words.
So if these judges stay true to what they claim their judicial philosophy is all these years, Trump cannot overturn the voting count.
The constitution is clear, the states determine voting procedures and their procedures are not going Trump's way.
So if these judges stay true to their stated judicial philosophy Trump cannot win a call to overturn state determination in voting counts.
Of course only in those swing states that are not going his way.
For instance if the count was stopped right now Biden is President, because he is ahead in Nevada and Arizona which puts him at the magic Electoral College number of 270.
So Trump is only trying to stop counts in Pennsylvania and Georgia where he is rapidly losing his lead.
The problem for Trump is the Supreme Court, including his new appointment, has a conservative majority. A block of them, including his new appointment, consider themselves judicial "originalists" when it comes to constitutional interpretation. That means they do not believe they can infer any powers or meaning in the constitution that is not expressly written in the exact words.
So if these judges stay true to what they claim their judicial philosophy is all these years, Trump cannot overturn the voting count.
The constitution is clear, the states determine voting procedures and their procedures are not going Trump's way.
So if these judges stay true to their stated judicial philosophy Trump cannot win a call to overturn state determination in voting counts.