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Is Trump right to threaten taking the election to SCOTUS?

Is Trump right to threaten taking the election to SCOTUS?
WRITTEN BY
11/05/20
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Fact Box

  • Election Day was Tuesday, November 3, 2020. Because of the coronavirus pandemic, the election results will most likely be delayed from the spike in mail-in-ballots and safety precautions. 
  • As of 12:52PM on Wednesday, Joe Biden leads with 248 Electoral Democratic votes while Donald Trump is at 214 Electoral Republican votes. 
  • Early Wednesday morning, Trump was prematurely promoting his success over the election, and mentioning his continued worry over mail-in-voting and voter fraud. 
  • He stated, “This is a major fraud on our nation. We want the law to be used in a proper manner. So we’ll be going to the U.S. Supreme Court. We want all voting to stop.”

Bill (Yes)

President Trump is right to threaten to take the election all the way to the Supreme Court as there have been irregularities in the vote count in some battleground states. It is his right to pursue a fair and accurate vote count through legal means. In Michigan, the Trump team alleges the Democrat Secretary of State 'was allowing absentee ballots to be counted without teams of bipartisan observers as well as challengers.'

In Pennsylvania (another key swing state necessary for a Trump win), a recent court decision allows mail-in ballots to be received and counted after Election Day. This is a troubling development for the Trump team. What's worse, the court ruled 'ballots lacking a clear postmark could be counted unless there was evidence that they were mailed after the polls closed.' This provision opens the door to potential efforts to harvest and submit fraudulent ballots, a deeply concerning threat to our electoral system.

For skeptics, consider the following disturbing information released just three weeks before the election by a Judicial Watch study of 37 states found that '352 U.S. counties in 29 states managed to have 1.8 million more registered voters than eligible voting-age citizens.' In addition to the risk of fraud, the sheer volume of mail-in ballots at stake makes it a near certainty that errors in state and county elections offices will occur. In one case alone, '29,000 people in Allegheny County, Pennsylvania, were sent the wrong ballot.' For all this and more, it is apparent why Trump is correct to assert his right to take the election to SCOTUS if necessary.

 

Tyler (No)

Trump demonstrates his lack of responsibility as a leader of the United States by disputing the election results before the outcome has even been determined. While he also prematurely declared victory late Tuesday night/early Wednesday morning, the president appears to be acting irrationally due to his future uncertainty as leader of the country. Trump has hinted at appealing the outcome of this election for months now. Nationwide, Democrats have historically utilized the mail-in voting method much more than Republicans. He now appears to be following through with his plan to appeal the decision. Just eight days before the election, Trump quickly moved Amy Coney Barrett to fill Ruth Bader Ginsburg's Supreme Court seat. This can be viewed as an attempt to earn a conservative majority if this case did go to court.

There is still no proof of the voter fraud Trump claims are occurring. Furthermore, during a pandemic, it's to be expected an overwhelming amount of voters would mail in their ballots. This leads to these votes taking longer to process, especially in states like Michigan, Pennsylvania, and Wisconsin that have a short window to process mail-in ballots. In order to appeal the decision to accept votes from Pennsylvania, the state requires a written affidavit detailing overwhelming proof. That proof, however, is not present. The president disputing the election results does not fall under the category of 'original jurisdiction,' and the Supreme Court would only be allowed to intervene if a lower court had already made a decision on the situation.

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