Trump is very unlikely to win the election in court, legal scholars explain
President Trump's campaign filed a flurry of lawsuits Wednesday, asking federal and state courts to disqualify ballots in one way or another in key states like Pennsylvania, Michigan, and Georgia. "Most experts think their prospects are dim, even with the Supreme Court dominated by conservatives," the Los Angeles Times reports.
Courts have traditionally been wary of undoing an election once the votes have been counted, and the Trump campaign has not provided persuasive reasons for judges to stop ongoing counts of legally cast ballots. "You need a legal violation to go to court," former White House counsel Donald McGahn told the Times. "It depends on state law and on the facts."
"A lawsuit without provable facts showing a statutory or constitutional violation is just a tweet with a filing fee," Justin Levitt, a professor at Loyola Law School in Los Angeles, told ProPublica. So far, judges have "actually demanded facts and haven't been ruling on all-caps claims of fraud or suppression," he added. "They haven't confused public relations with the predicate for litigation, and I would expect that to continue."
The Week
Escape your echo chamber. Get the facts behind the news, plus analysis from multiple perspectives.
Sign up for The Week's Free Newsletters
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
From our morning news briefing to a weekly Good News Newsletter, get the best of The Week delivered directly to your inbox.
Fox News anchors Bret Baier and MacCallum also seemed skeptical when White House Press Secretary Kayleigh McEnany tried to make the Trump campaign's case on Wednesday:
There are likely to be recounts in very close states, like Georgia, Wisconsin, or Pennsylvania. But "recounts rarely change the vote totals very much," University of Kentucky law professor Joshua Douglas told ProPublica, nor do challenges to the validity of ballots.
And if Trump wants a bailout from the Supreme Court, he isn't helping his cause by publicly suggesting the conservative justices will ride to his rescue, University of Chicago law professor David Strauss tells the Times. "He has the same attitude toward the Supreme Court that he has toward the rest of the government — that it works for him, not for the American people. It is hard to see how anyone who cares about the court, on any side of the political spectrum, would not cringe and find those comments of Trump's to be very disturbing."
A free daily email with the biggest news stories of the day – and the best features from TheWeek.com
Peter has worked as a news and culture writer and editor at The Week since the site's launch in 2008. He covers politics, world affairs, religion and cultural currents. His journalism career began as a copy editor at a financial newswire and has included editorial positions at The New York Times Magazine, Facts on File, and Oregon State University.
-
5 critical cartoons about the proposed Russia-Ukraine peace dealCartoons Artists take on talking turkey, Putin's puppet, and more
-
Could Trump run for a third term?The Explainer Constitutional amendment limits US presidents to two terms, but Trump diehards claim there is a loophole
-
Political cartoons for November 28Cartoons Friday's political cartoons include economic diagnosis, climate distractions, and more
-
Femicide: Italy’s newest crimeThe Explainer Landmark law to criminalise murder of a woman as an ‘act of hatred’ or ‘subjugation’ but critics say Italy is still deeply patriarchal
-
Brazil’s Bolsonaro behind bars after appeals run outSpeed Read He will serve 27 years in prison
-
Americans traveling abroad face renewed criticism in the Trump eraThe Explainer Some of Trump’s behavior has Americans being questioned
-
UN Security Council backs Trump’s Gaza peace planSpeed Read The United Nations voted 13-0 to endorse President Donald Trump’s 20-point plan to withdraw Israeli troops from Gaza
-
Chile picks leftist, far-right candidates for runoff voteSpeed Read The presidential runoff election will be between Jeannette Jara, a progressive from President Gabriel Boric’s governing coalition, and far-right former congressman José Antonio Kast
-
Venezuela mobilizes as top US warship nearsSpeed Read The largest and most advanced US aircraft carrier, the USS Gerald R. Ford, has entered the Caribbean and put Venezuela on high alert
-
Nigeria confused by Trump invasion threatSpeed Read Trump has claimed the country is persecuting Christians
-
Gaza ceasefire teeters as Netanyahu orders strikesSpeed Read Israel accused Hamas of firing on Israeli troops
