Supreme Court Rejects Republican Attack on Biden Victory

During her confirmation hearing in October, Barrett, who was nominated by Trump to replace the late Justice Ruth Bader Ginsburg, refused to commit to recuse from election dispute cases.

Jonathan Turley, a conservative law professor at George Washington University, tweeted that “an apology might be in order after Democrats claimed that she would join the other conservatives in overturning the election.”

Biden has won 306 electoral votes – 36 more than he needs – to Trump’s 232 votes, and without a court-sanctioned delay, the presidential electors are expected to approve Biden’s victory Monday.

Trump has refused to concede the election and has been slow in accommodating Biden’s transition to power.

Trump also made support of the Texas challenge a litmus test of sorts for Republican lawmakers and state officials – many of whom fear invoking his wrath. Attorneys general from 17 Republican-led states and 126 Republican House members of the 196-member GOP House caucus – signed their names to amicus briefs in support of the Texas petition.

With Biden set to take office on Jan. 20, “it is much easier for the Supreme Court of the United States to follow the Constitution and do what everybody knows has to be done,” Trump tweeted on Thursday.

While there is still a handful of lower-court decisions to be resolved – including one in Wisconsin that has been granted a hearing before the Wisconsin Supreme Court on Saturday, as a practical matter Trump’s legal quest to reverse the popular vote has come to an end.

The Texas lawsuit was unprecedented. While states can take intramural disputes directly to the Supreme Court under a doctrine known as original jurisdiction, never before has a state asked the high court to invalidate the result of another state’s elections. Allowing it to go forward would have effectively disenfranchised more than 10 million people who voted for Biden in the four states, critics said.

The four states named in the lawsuit assailed it as an invitation to judicial overreach and urged the Supreme Court to dismiss it.

Georgia’s Republican attorney general, Christopher Carr, wrote in a brief that “Texas asks the court to transfer Georgia’s electoral powers to the federal judiciary” while Pennsylvania’s attorney general, Josh Shapiro, urged that the court not “abide this seditious abuse of the judicial process, and should send a clear and unmistakable signal that such abuse must never be replicated.”

Source: VOA[5]

References

  1. ^ the order said (www.supremecourt.gov)
  2. ^ asked the Supreme Court to delay the Electoral College vote (www.texasattorneygeneral.gov)
  3. ^ In a statement (www.texasattorneygeneral.gov)
  4. ^ wrote on his blog (electionlawblog.org)
  5. ^ VOA (www.voanews.com)

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