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Trump’s Hope – Supreme Court Above Politics

Posted on Tuesday, December 8, 2020
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by AMAC, Robert B. Charles
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15 Comments
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So determined is the media to make Biden president that, when a Secretary of HHS called Biden “The former Vice President” on Sunday, host Chris Wallace insisted he be called “President-Elect,” twice.  Trump’s cabinet member declined, rightly.  President-elects are minted by Electoral College, not before.

Here is the point.  Democrats and media can try to intimidate Republicans, Hill moderates, other media outlets, and average Americans into calling Biden “President-Elect,” but they cannot make it so.  More to the point – something they hate – they cannot intimidate the Supreme Court.

The High Court is above politics, literally and figuratively.  They are institutionally the non-political branch, configured to assess whether constitutional law was broken, fraud occurred, state tallies not trustworthy, and key states “in dispute” – forcing this race into the House, one vote per delegation, to decide the outcome. Notably, Republicans have more delegations.

The High Court is empowered to “say what the law is” (Marbury v. Madison, 1803), which includes whether a state constitution has been overrun by statute – affecting federal elections and violating the US Constitution.  That is one case coming out of Pennsylvania, which Justice Alito – overseeing the 3rd Circuit – has now asked be briefed, on Tuesday, December 8th.

Likewise, the High Court is empowered to determine whether Republican-controlled state legislatures – in states where fraud allegations are rife, including Pennsylvania, Michigan, Arizona, and Georgia – can constitutionally choose to send Republican electors to vote at the Electoral College, rather than a Democrat slate, on the basis of suspected vote fraud.

Then again, the Supreme Court can decide if, as in 2000, an “equal protection” claim is valid –throwing out potentially hundreds of thousands of votes in places like Pennsylvania, Michigan, Wisconsin, Arizona, Nevada, and Georgia – for disparate treatment of voters, county to county.

And if that were not enough, the Supreme Court is positioned to take up – if they choose, one or more other cases “dismissed” by Democrat appointed state judges in a raft of swing states.

Main points are three.

First, while the week ahead is critical for assessing which issues will be deemed justiciable, that is, able to be heard by the Supreme Court prior to the Electoral College vote on December 14, a gaggle of cases are competing for Supreme Court attention.

Second, if just one is accepted by the Supreme Court – just one – odds of a rethink about the law governing federal elections and the presidential election, maybe on efficacy of mass mail-in voting, timing, role of legislatures, or other constitutional issues – will be on the table.

To get there, only four Justices must – behind that curtain – consider an issue important enough to warrant review.  If four do, count on a fifth. That could have implications for the future.

Third, most importantly, the US Supreme Court is composed of judicial conservatives and judicial liberals, or activists.  It is not composed of political actors.  The distinction is often lost, but very important.  If the Constitution – strictly and properly read – bars accepting certain practices and was designed to stop certain types of abuses, the Court is likely to say so.

The essential point – laser focus – is this:  The Supreme Court does not care what Chris Wallace or anyone in media, think.  Having spent time with some Justices, they give no quarter to media, but have heads in law books.  That means you cannot “game” the Supreme Court, bending them.

The Supreme Court – or majority now – are about doing what is right by the Constitution, not responding to political pressure, threats, or concerns about court-packing, muffling, or minimizing authority.  They do not care whether constitutional rulings match the latest polls, pundits’ constant puffery, or politically correct norms. They are about the law.

Here is where, if you want hope, you should look.  The law is a majestic thing, Constitution the pinnacle of rule of law’s majesty, and it bends to no man’s politics.  It is about natural law, intergenerational promises, doing things right because right is right, the rest be damned.

The possibility remains that Donald Trump could pull this election out, and it now has nothing to do with politics.  It has to do with disposition of the majority on the Supreme Court, whether the cases and record on review are strong, what a majority thinks of the law – not whether some collection of self-righteous lily-gilders in the media think Biden is “President-elect” or not.

To be clear:  President-elects are minted by the Electoral College, operations are determined by the US Constitution, meaning of which is adjudicated by the Supreme Court.  The rest is puff.

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Dan W.
Dan W.
3 years ago

The essential point – laser focus – is this: The Supreme Court has a low tolerance for frivolous lawsuits.

Kim
Kim
3 years ago

The first time I saw former Pres. Obama stick his “President-Elect” seal on the dais, I had a good laugh– the height of hubris!

I hope the Supreme Court will look beyond Chris Wallace, the media, and the hype. Some believe the end justifies the means, regardless of the law, but those who believe in fair elections are relying on the law to bring resolution to this travesty. Don’t disappoint us, Justices.

Rik
Rik
3 years ago

“The Law is s Majestic thing” … Really?
Can’t wait to see if that’s true! … We the People who have half a brain know President Trump won re-election in a Landslide! … The Progressively Communist Democrats cheated so obviously to anyone with open eyes and ears to try and steal the Presidency and I am disgusted with awaiting for “The Law is a Majestic thing” to happen that I have little faith in this Election being declared a President Trump obvious victory. I am disgusted with hearing the lies and deceit being perpetrated the Mainstream Media and the Progressively Communist Democrats. Is truth going to prevail? …Otherwise, American values of Life, Liberty, Freedom of Speech and Pursuit of Justice die and I have little faith that the American People will fight to defend and save them! … I hope I’m wrong, but the Progressively Communist Democrats don’t seem to think so. … Will justice prevail?

Steven
Steven
3 years ago

We the people are being played. Now we are being told by a supposedly conservative organization (AMAC) that the Supreme Court cant be swayed by political or otherwise influences. How about the reactions of Justice Roberts as of lately? Someone or some organization has gotten to him already, he is not the same person he was just a year ago. You can’t tell me that laws, or even the Constitution are not twisted and shaped into whatever suits the politicians at the time. Prime example’s…the separation of church and state and the second amendment, I could go on. My point is our government has become so corrupt that they change daily the laws of the land to suite there needs at any given time. There’s no following of any rules or code of conduct and it’s all out in the open now, their not even trying to hide it anymore. Don’t tell me that the Supreme Court is our only / last hope. The water is starting to swirl and we’re all getting ready to be flushed down the toilet. GOD Almighty is our only and last hope! Sorry for my rant, but I’m tired of being told what to think and how to think by lesser men who control the destiny of my children and my grandchildren.

Dorothy
Dorothy
3 years ago

Did you ever have a “gut feeling” about something, just by events and dialogue surrounding a situation? When I think about the overview of this whole election, my gut feeling (along with some evidence), is that the election was rigged. Based on statements made and actions pursued by Democrats since president Trump declared his candidacy for the 2016 election; based on the fact that Biden did little to no campaigning for this election; based on statistics and numbers favoring Trump (such as the Bellweather counties); based on the fact that swing states seem to be the targeted ones; based on the lackluster support for Biden at rallies…and so much more, this election screams “FRAUD”.
Yet what worries me is the deception and power the crooks have, especially the MSM. It frightens me that justice may not prevail. Someone I know, sadly, skims the MSM headlines and stories and takes it as God’s truth. And I suspect that huge numbers of people do the same. But even the most liberal individuals, if they had to admit it, would realize the bias that exists. Witness how little has been reported on Hunter Biden’s activities and how little has been reported on the fraud evidence that exists! The evidence is pushed aside with adjectives such as irrelevant, unsubstantiated, false, without using actual facts and figures and with vague references to people and no hard evidence to support their declarations. Recounts are all but useless. A false count will be a false count, no matter how many times you recount it. What needs to be examined is the machines and verified ballots. I have become so angry with the MSM that I no longer watch news on TV, as I did for years. And I don’t even care which side they take! What I do object to, is the fact that their reports are so obviously one sided and slanted! Whatever happened to reporting all the facts, without bias, and letting people decide for themselves? I shake my head in bewilderment, trying to figure out what happened.
People are blaming Trump for everything that is wrong in America, but discounting all the good things he has done, just because of the hatred people have for him. And despite the fact that President Trump has undoubtedly said things which would upset people, it seems out of proportion to the hatred that has evolved. I wonder if this is something that has been pushed by the liberals and MSM, or is it something that has been born of this generation’s values? Maybe some of both. Sadly, without a strong leader such as President Trump, this country is headed down a dark road…

NeverBiden
NeverBiden
3 years ago

Don’t let the day go by without bashing Biden. How can we impeach him by Feb 1 ??

NeverBiden
NeverBiden
3 years ago

Regardless of what happens next, Trump has transformed this country by reminding us of who we really are and by scaring the hell
out of the swamp who realize that there really are true conservatives in this country who will act instead of just running their mouths.
We have seen too many phony conservatives who talk a big game and do nothing. Trump has shown the world that there is such
a thing as a conservative who acts boldly. I don’t know how often a Reagan or Trump comes along. Lets pray that there is another
one soon.

Willie
Willie
3 years ago

If Biden is put in office as president that means all the laws of America have been put in a fire pit and burning away.The America as we know will be gone and we will be destroyed. World war three will start if Biden gets to be president.

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