The overwhelming number of Democrats with whom I speak, as well as many here on Substack, are convinced that the courts will hand the election to Trump regardless of the results.
I’m more sanguine about how this will play out. First, let’s look at the history from four years ago. Trump attempted more than sixty times to persuade the courts to throw out the results in the swing states. The result was total failure, in many cases at the hands of Trump judges.
As an attorney, I can tell you that most attorneys who are appointed to judgeships become more careful and sober in their rulings. One reason is the humiliation of being overruled by an appellate court. The other reason is that, with admitted exceptions, most judges really do want to do the right thing. I know a few judges with whom I am still in touch and to a man and woman, they are disgusted by the Supreme Court.
If as I expect most courts order state officials to certify the results of the election, Trump will of course appeal. We know the Republicans will lack facts sufficient to win these cases. Without those facts, getting a majority of appellate court judges to side with them will be nearly impossible.
The obvious question is what happens if these cases make it to the Supreme Court, as some will. Based on the history of four years ago, the Court will decline to take on cases where the plaintiff lacks factual support for their arguments. Most important, the Court knows that civil disorder will result if they repeat Bush v. Gore. This is especially the case if Harris wins a decisive victory. They had every chance to overturn a close election last time, and declined to do so.
Finally, the Court knows that it will be neutered if Trump wins. Both Trump and Vance have already challenged the Court to enforce rulings unfavorable to a Trump administration. The courts read these quotes and they know that they will be pummeled by the public and ignored by Trump.
While this will not reassure many of you, I firmly believe that these criminals will not be able to run the gauntlet of courts they will need to rule in their favor. Also keep in mind that the courts will decide these cases quickly. They are well aware of what the implications of leaving the country without a president for any period of time.
Let’s be vigilant by all means. But the objective of neutering any efforts by the courts to hand Trump a victory is best achieved by a landslide.
Our best destiny is through taking all the levels of elected office and rebuilding democracy from the ground up.
You are absolutely right. I covered electoral reform at length in a previous post and made those same points. They always bear repeating though. You can find it at @markmansour