Free Republic
Browse · Search
News/Activism
Topics · Post Article

Skip to comments.

The Election Is Realistically Over, But Here’s Why We Should Not Stop the Battles
Townhall.com ^ | December 14, 2020 | Rachel Alexander

Posted on 12/14/2020 7:09:07 AM PST by Kaslin

I predicted days ago the United States Supreme Court would not issue decisions on the election lawsuits based on the law or Constitution, but based on how the justices in the middle felt.

I was skeptical of Gorsuch, Kavanaugh and Barrett, having researched them in the past for articles when President Trump first started considering them to be on the Supreme Court. Their records were devoid of much to judge them on, and each one had a decision or two that could be construed as questionable. While all were members of The Federalist Society, that is meaningless other than they have the guts to identify as leaning to the right. I was president of the Federalist Society at my law school and there was no litmus test to join, anyone could join and have zero activity, and it was comparable to joining the AARP. So I was not surprised when Gorsuch and Kavanaugh issued disappointing rulings after being appointed. Roberts, we knew, had already gone off the reservation.

Those four justices are concerned about their public perception. They’ve seen how the left has portrayed anyone challenging the felony election fraud as conspiracy theorists. The most powerful man in the world, formerly both a Democrat and RINO Republican, has been made out to look like a conspiracy theorist. If they can do it to him, they can do it to anyone. Supreme Court justices can be impeached, and it only requires a simple majority in the House of Representatives. Two-thirds of the Senate is then required to remove them. One Supreme Court justice has been impeached, Samuel Chase, although he was not removed. So it would be a very humiliating experience for justices not used to being in the public eye much. Sadly, some attorneys aspire to be on the Supreme Court because they’re narcissists. They want the fame and glory. Ruling in favor of Trump would very likely set them up for impeachment by the Democratic-controlled House.

There is a lot of wiggle room in the law to issue decisions based on how you feel, then interpret the law to match that, which is referred to as judicial activism. For example, many of the lower courts have found small technicalities to throw out lawsuits, such as timing. Well, there are always reasons to overcome timing constraints, such as if there were crimes committed. Statutes of limitations are often waived or extended when crimes are found. And bringing lawsuits prior to the election would not have been “ripe,” since the fraud hadn’t occurred yet to change the election results.

And what those judges aren’t telling you, is that there are plenty of ways they could have ruled in favor of the election challenges. For example, a lack of chain of custody for handling the ballots is grounds for throwing out the election results in that region and ordering a new election. But no one ever talks about that when they say the judges had no choice but to follow the law.

In the Texas case, the Supreme Court chose to use an easy technical way to get out of accepting the case: standing. Stanford Law Professor Daniel Ho and Stanford law student Erica Ross wrote a law review article entitled “Did Liberal Justices Invent the Standing Doctrine? An Empirical Study of the Evolution of Standing, 1921-2006.” They found that progressives came up with the standing doctrine in the 20th century in order to shield New Deal programs from judicial review. It’s not even in the Constitution. The Supreme Court was so arrogant they didn’t bother providing an explanation other than the vague proclamation that "Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections."

The court completely ignored the fact that election fraud occurred in several states, wrongly tipping those states to Biden and hence the election, which disenfranchised voters in the other states that went for Trump. The court was the only remedy since it decides controversies between the states and constitutional issues. The Electors Clause states that state legislatures shall make the laws conducting presidential elections. Those states violated it by allowing election officials to supersede the legislature with various orders and rules, making election fraud easy. The Texas brief showed how the Supreme Court had accepted similar cases in the past, and clearly laid out the fraud.

Some conservatives are holding out hope that Trump will win in other court cases. There is little chance of that. As we’ve already seen in other election cases, the lower courts are dominated by left-wing judges and RINOs. And the Supreme Court is not likely to give Trump a win when they blew off the most substantial case on the flimsiest of grounds.

Republican-controlled state legislatures in swing states aren’t going to switch their electoral votes to Trump. We’ve already seen the small number of Republican legislators in those states willing to stick their necks out. It’s not enough.

Nor will Congress decline to certify the electors from contested states. The Electoral Count Act says one House member and one Senate member can opt for each House delegation providing one vote under the Twelfth Amendment instead. Because there are more Republican states, some are hopeful Trump can win. However, we saw that only 126 House Republican members supported the Texas lawsuit. The numbers aren’t there.

Even though the legislative hearings and court battles are not likely to change the election results, it is still worth it to keep fighting. Dr. Bobby Lopez, a former humanities professor and author of "Colorful Conservative: American Conversations with the Ancients from Wheatley to Whitman" reminds us to learn from history. When the Warren Commission came out with its report on how JFK was assassinated, people didn’t just accept it and move on. They continued investigating, suspecting the government had lied to them. Today, 61% of Americans believe there were others involved in JFK’s shooting than just Lee Harvey Oswald.

We may not be able to stop election fraud in the future; this may be the end of our representative democracy and the beginning of rule by a handful of powerful oligarchs who control elections as they do in Third World countries, shifting the country to socialism. But we can’t lie down and take it. There aren’t any better countries to move to. Nor can we simply move to red states and segregate ourselves because the left uses the federal government to control those states. Leftists also move into red states and transform them, as appears to be the case in Arizona.

Right now, everyone knows Trump won the election in a landslide. They can’t take that away. It’s just a matter of outsmarting the left and figuring out how to deal with election fraud when most of our institutions won’t. The left controls the MSM, big tech, education, Hollywood, the judiciary, and state bars. But there has to be a way to stop massive felony voter fraud. Maybe the civil unrest that is brewing will lead to changes. It is only going to get worse as Democrats reveal they are not going to stop the lockdowns anytime soon even if Biden is in office.


TOPICS: Culture/Society; Editorial; Politics/Elections
KEYWORDS: 2020election; electionintegrity; notover; realitysettingin; voterfraud
Navigation: use the links below to view more comments.
first 1-2021-34 next last

1 posted on 12/14/2020 7:09:07 AM PST by Kaslin
[ Post Reply | Private Reply | View Replies]

To: Kaslin

New Plan - retake the House in 2020

Impeach and Remove Biden and Harris.


2 posted on 12/14/2020 7:09:51 AM PST by MattMusson (Sometimes the wind blows too much)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

Rachel is realistically over


3 posted on 12/14/2020 7:11:24 AM PST by campaignPete R-CT (Committee to Re-Elect the President ( CREEP ) )
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

“Realistically over”? Wow, I didn’t know Pres. Trump had conceded, that the Electors had voted for Biden, or that all the ongoing court cases had suddenly been declared moot, or that EO 13848 had been nullified.

Someone hurry and tell Pres. Trump that it’s over. /s


4 posted on 12/14/2020 7:13:19 AM PST by AFB-XYZ (Option 1 -- stand up. Option 2 -- bend over.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

We’re not going to stop fighting. The Left doesn’t. They’ve tried to overthrow America for the last four years and more subtly for many years before that.

I think Townhall is full of it. Soft Commies.

The good fight of faith and freedom is eternal and well worth the cost.


5 posted on 12/14/2020 7:13:25 AM PST by Jim W N (MAGA by restoring the Gospel of the Grace of Christ (Jude 3) and our Free Constitutional Republic!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: MattMusson

2022?

I’ll just act as though a Red Chinese bureaucrat has been installed as our president; I’ll continue to refer to Trump as “President Trump”, and I’ll refer to Biden as “Red China’s unelected Quisling Biden”.

Everyone should do the same; make it “a thing”.


6 posted on 12/14/2020 7:13:27 AM PST by kearnyirish2 (Affirmative action is economic warfare against white males (and therefore white families).)
[ Post Reply | Private Reply | To 2 | View Replies]

To: campaignPete R-CT

Rachel is a dumbass and doesn’t know the only real hard date is Jan 20. I repeat “dumbass”.


7 posted on 12/14/2020 7:13:51 AM PST by albie
[ Post Reply | Private Reply | To 3 | View Replies]

To: Kaslin

Also start creating sanctuaries for 2nd amendment rights and keeping big corporations and illegals out at local and state levels.


8 posted on 12/14/2020 7:14:36 AM PST by OttawaFreeper ("The Gardens was founded by men-sportsmen-who fought for their country" Conn Smythe, 1966 )
[ Post Reply | Private Reply | To 1 | View Replies]

To: Kaslin

I guess repealing obamacare is out of the question. /dilly dilly


9 posted on 12/14/2020 7:14:45 AM PST by Chunga85 (Where are the "non-rinos"?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: MattMusson
New Plan - retake the House in 2020

2022?

10 posted on 12/14/2020 7:16:34 AM PST by 17th Miss Regt
[ Post Reply | Private Reply | To 2 | View Replies]

To: MattMusson

New Plan - retake the House in 2020


LOL. That’s funny. Kevin McCarthy is the savior of the Republic? Not a chance.


11 posted on 12/14/2020 7:16:44 AM PST by lodi90
[ Post Reply | Private Reply | To 2 | View Replies]

To: Kaslin

Obama’s Senior Executive Services (8156 Strong) Army Exposed!
Friday, January 5, 2018 7:57

Obama’s SES Army Found
American Intelligence Media
Published on Jan 4, 2018


12 posted on 12/14/2020 7:18:07 AM PST by litehaus (A memory tor)
[ Post Reply | Private Reply | To 1 | View Replies]

To: MattMusson

Follow the Sanctuaries for illegal aliens model. Anything liberals mandate, reject it as a city or state. No need to secede, but make it illegal to cooperate with liberals in power. For example, Second Amendment Sanctuaries already exist.


13 posted on 12/14/2020 7:21:04 AM PST by tbw2
[ Post Reply | Private Reply | To 2 | View Replies]

To: Jim W N

DM Wozniak’s “The Perihelion” had a post-CW-2 America divided between Blue Core cities and the Redlands. The West Coast and some East Coast enclaves were like separate nations, linked by air and sealed rail to Blue Core cities in the heartland. Walls around the Blue Core cities with tight immigration control to keep undesirables out.


14 posted on 12/14/2020 7:25:23 AM PST by tbw2
[ Post Reply | Private Reply | To 5 | View Replies]

To: Kaslin

I guess there were not enough people to put shackles on themselves in the name of fighting slavery....


15 posted on 12/14/2020 7:26:43 AM PST by JudgemAll (Democrats Fed. job-security in hates:hypocrites must be gay like us or be tested/crucified)
[ Post Reply | Private Reply | To 1 | View Replies]

To: MattMusson

Once biden & Ho are sworn in there will only be DEMS in congress, GOP will be told what to vote for, no more INDEPENDENCE.

A history of contested presidential elections, from Samuel Tilden to Al Gore
https://theconversation.com/a-history-of-contested-presidential-elections-from-samuel-tilden-to-al-gore-149414

What happens if the US election is contested?
https://www.wtva.com/content/news/What-happens-if-the-US-election-is-contested—572922901.html


16 posted on 12/14/2020 7:27:15 AM PST by GailA (I LOVE OUR GUTSY PRESIDENT TRUMP)
[ Post Reply | Private Reply | To 2 | View Replies]

To: albie

A history of contested presidential elections, from Samuel Tilden to Al Gore
https://theconversation.com/a-history-of-contested-presidential-elections-from-samuel-tilden-to-al-gore-149414

What happens if the US election is contested?
https://www.wtva.com/content/news/What-happens-if-the-US-election-is-contested—572922901.html


17 posted on 12/14/2020 7:28:47 AM PST by GailA (I LOVE OUR GUTSY PRESIDENT TRUMP)
[ Post Reply | Private Reply | To 7 | View Replies]

To: MattMusson

I’m sorry, sir, Dominion voting has adjudicated your vote. Democrats win in a landslide, over and over. The whole country becomes San Francisco.


18 posted on 12/14/2020 7:31:58 AM PST by A_perfect_lady (The greatest wealth is to live content with little. -Plato)
[ Post Reply | Private Reply | To 2 | View Replies]

To: AFB-XYZ
Someone hurry and tell Pres. Trump that it’s over. /s

He already knows.

He'll never concede, he doesn't need to, but he's not living in the fantasy world that many people here are.

19 posted on 12/14/2020 7:34:57 AM PST by Drew68
[ Post Reply | Private Reply | To 4 | View Replies]

To: Drew68

I agree with your post.
This isn’t gonna be like the FL/LSU game on Sat.


20 posted on 12/14/2020 7:36:10 AM PST by nascarnation
[ Post Reply | Private Reply | To 19 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-34 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
News/Activism
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson