Tuesday, December 08, 2020

U.S. Supreme Court Rejects Latest Trump Effort to Steal Election

In the mind of the crime boss currently inhabiting the White House I suspect the three Supreme Court justice appointed to the Supreme Court by said crime boss were supposed to act like Mafia lieutenants and do the bidding of their Mafia Don to whom they owed their positions.  In this fashion, they were expected to join with the right wing lunatics, Thomas and Alito, and vote to subvert the fair and legitimate vote of a majority of the citizenry and hand another four years in office to Der Trumpenfuhrer.  Four years he desperately needs given ongoing criminal investigations and a mountain of debt soon coming due.  Thankfully, those justices - even extremist Amy Coney Barrett - seemingly put the rule of law and how history might view them ahead of pleasing Trump and kicked the servile Republicans who petitioned the Court (along with Trump) to the curb.  Happily, the Arizona Supreme Court on the same day handed a similar defeat to Trump sycophants in that state.  A piece at CNN looks at the unreasonableness of Trump's hope.  The man is truly a malignant narcissist who will pose a threat to decency and democracy as long as he is breathing.  Here are column highlights (the piece politely uses the term "transactional" in lieu of the accurate descriptors, e.g., crooked, dishonest, corrupt, etc.):

In a single sentence, the Supreme Court on Tuesday unraveled Donald Trump's grand plan to overthrow the 2020 election.

"The application for injunctive relief presented to Justice Alito and by him referred to the Court is denied," wrote the Court in rejecting an attempt by Pennsylvania Republicans -- with [Trump's] the President's blessing -- to block the certification of the 2020 election results in the commonwealth. President-elect Joe Biden beat President Donald Trump in Pennsylvania by just more than 81,000 votes. 

Thus ends a month-long effort by Trump and his legal team to find some complaint -- any election complaint -- that the Supreme Court would consider and, in so doing, pry open the door to him somehow winning an election he quite clearly lost. 

[T]he Trump team filed a slew of lawsuits in states as far flung as Arizona, Georgia and, yes, Pennsylvania, designed to lean on judges that he had appointed over his first term to deliver a delay or a redo of the election. 

The ultimate goal for Trump was to get one of those cases of alleged election fraud in front of the Supreme Court, a court where he had appointed three conservative justices -- most recently Justice Amy Coney Barrett -- and where the President clearly believed he could expect a favorable ruling. That plan, it quickly became clear, was deeply flawed. 

In late November, a federal appeals court flatly rejected the campaign's efforts to challenge the results in the state. "Free, fair elections are the lifeblood of our democracy," wrote Stephanos Bibas, a Trump-appointed federal judge, in the appellate court decision. "Charges of unfairness are serious. But calling an election unfair does not make it so. Charges require specific allegations and then proof. We have neither here." 

The Trump strategy utterly failed before the Supreme Court on Tuesday, failing to even convince a single justice to write a word of explanation (or dissent) for why the case would not be considered. 

How did Trump (and his legal team) miscalculate so badly? Simple. Trump believed that the Supreme Court operates the same way he does: Purely transactionally. 

See, in Trump's mind, he had GIVEN Supreme Court seats to Barrett as well as Justice Neil Gorsuch and Brett Kavanaugh. They wouldn't have been on the court without him (true!) and, therefore, they owed him. 

That is, of course, not how the Supreme Court works. The justices are appointed by presidents who identify with one or the other of the major parties in the country, yes. And Republican presidents tend to pick justices who will offer conservative opinions from the bench while Democratic president choose judges with more liberal track records. 

Then there is the fact that the case Pennsylvania Republicans had appealed to the Supreme Court had already been dismissed by the Pennsylvania Supreme Court.

The only thing the Supreme Court may dislike more than getting in the middle of a political squabble is injecting itself unnecessarily into a matter that has already been considered and dismissed by a lower court. 

Add it up and you can see that Trump's strategy of simply getting a case to the Supreme Court was always doomed to fail. Three of the nine justices may have been appointed by Trump and six of the nine may align with the conservative bloc on the high court. But they were never going to get in the middle of overturning the clearly stated will of the people because of those facts. That Trump couldn't understand that speaks to how incapable he is of understanding anyone who doesn't operate from a purely transactional place.

1 comment:

EdA said...

"The only thing the Supreme Court may dislike more than getting in the middle of a political squabble is injecting itself unnecessarily into a matter that has already been considered and dismissed by a lower court. "

Slight quibble.

One thing that the Chief Injustice of the United States dislikes even more is the increasing risk that the Supreme Court under his misleadership will lose even more credibility and legitimacy in the eyes of the public and posterity than has already. As things stand, in my own lay opinion, his decades-long support for voter suppression is bringing him ever closer to the standing of Roger Taney, responsible for Dred Scott and, to a very real extent, again in my very lay opinion, for the Civil War. (A little bit of research told me that Plessy v. Ferguson was not written by Chief Injustice Melville Fuller, a reactionary if there ever was one, but by an associate injustice, Henry Brown.)

I sincerely hope that the mess of used toilet paper flung by the Texas Attorney-General and supported by other Republiscum AGs gets flung right back, like the Pennsylvania case. Of course I note that Benedict Donald is trying to insert himself. I wonder if it would be possible for the defending states in their response, whether or not, Traitor Chump is allowed in, to also file a motion for him to be deposed ASAP.