Some folks have asked whether SCOTUS could team up with Trump to change the trajectory of this election. Admittedly it’s been 8 years since I had a case before SCOTUS (and the composition was far different), but I don’t think that even this Court would try to invalidate votes. /1
Courts aren’t great at going backwards to fix things. Their equitable powers are forward looking. It’s like trying to put an egg yolk back into the shell after scrambling it. So what Trump needs to ask for is a halt to the counting. /2
But think about it: Even if they stopped the counts everywhere, right now, Biden would still be leading in AZ, NV, WI and MI. It would effectively make him the winner. /3
So even if by some emergency attack they stopped the counting of absentee ballots in Pennsylvania tomorrow (and I doubt they would), the math is already baked in. Trump’s legal options are limited in my view. /end
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It looks increasingly like Biden will win the presidency and we will have a split senate. Over 60 million Americans will have voted for Trump, despite all they know about him. This can be hard to stomach, and many folks close to me... /1
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