President Donald Trump wants to take the presidential election to the Supreme Court. Yet it’s uncertain what he means in a country in which vote tabulations typically continue beyond Election Day. Therefore, the states mostly set the rules for when the count has to end.
President Trump Wants the U.S. Supreme Court Involved in the Presidential Election
“We’ll be going to the U.S. Supreme Court — we want all voting to stop,” Trump said early Wednesday.
But the voting is over. However, it’s only counting that is taking place across the nation. No state will count absentee votes that are postmarked after Election Day.
Joe Biden has Strong Words for President Trump!
The democratic challenger Joe Biden’s campaign has called Trump’s statement “outrageous, unprecedented, and incorrect.”
Ready to Resist President Trump’s Threat to go the U.S. Supreme Court
We have legal teams standing by ready to deploy to the effort of the president if he makes good on threat to go to court to try to prevent the proper tabulation of votes. Biden Campaign Manager Jen O’Malley Dillon said in a statement. In turn, he assert they will prevail.
There has never been any basis to claim a ballot that arrives on time can’t be counted if officials cannot finish their count on election night, election law expert Richard Hasen wrote in the Slate on Sunday.
In fact, valid votes have to be counted. The SCOTUS would be involved only if there were votes of questionable validity. In turn, that would make a difference. Therefore, that might not be the case. The rule of law will decide the official winner of the popular vote in each state. Moreover, let the rule of law work.
President Trump Can’t Go to the High Court with a Claim of Fraud
Moreover, there no route to go directly to the high court with a claim of fraud. Trump and his campaign could say problems with the way votes are counted in each state. However, they would have to start their legal fight in a state or lower federal court.
There is a pending Republican appeal at the Supreme Court over whether Pennsylvania can count votes that arrive in the mail from Wednesday, November 4th to Friday, November 8th. This includes an extension ordered by the state’s top court over the objection of Republicans. That case does not involve ballots already cast and in the possession of election officials. Even if they are yet to be counted.