We view the courts as politics. However, in reality the majority of cases that go before SCOTUS are antiseptic exercises in law and precedent.
FACT - the conduct of the election in these states was unconstitutional under both state and federal law. State officials acknowledged the merits, but said it was because of “Covid”. How does that jibe with sentiment from the courts that the virus does not overturn the constitution?
These cases will be interesting. Forget all the Sidney Powell/Lin Wood stuff. You would need a massive investigation by DOJ to prove those and it will not happen.
The cases that made it are well reasoned and pointed arguments regarding the constitutionality and conduct of the elections.
None of us know what will happen now. I think Trump wins on the merits, but it will not change the “selection” (you have to put an s in front of election now) IF the case is argued.
I also think that Roberts is looking for anything he can find to NOT hear the case on the merits, but get rid of it on some technicality or some argument that “it is over now so whats the point”.
Either way it is going to be very contentious. The Chief Justice and other members of the court would do well to remind themselves that the election is a moment in time while the law is built and administered over very long time periods. The outright dismissal of such claims will forever change the authority of the court in our nation far beyond “Trump”.
It would cement the idea that our courts are now part of the body politic - a very dangerous idea that invalidates the role of the court in our constitution from which the court gathers all its authority.
These cases will be interesting.
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More likely disappointing. There is no way the court is going to decide anything consequential. The toothpaste won’t be put back into the tube.