Trump's bid for Supreme Court election intervention has yet to materialize
President Donald Trump's protracted desire for the US Supreme Court to rule on controversial voices on several key battlefields has not materialized as election officials move towards final confirmation of the results in the next few days.
"The Pennsylvania vote could well determine the next President of the United States," the president's lawyers wrote to judges earlier this month. "This court, not the Pennsylvania Supreme Court, should have the final say on relevant and optional legal issues."
So far, Trump's appeal to the Supreme Court has been received with silence.
The judges did not respond to the president's request to join a pending Republican challenge in Pennsylvania to compile the late-arriving postal ballot table for that state.
The court has also not yet formally considered the state GOP petition asking the court to cast the ballot papers. For the judges to take up the case, it would first need to be discussed at a weekly private conference, and the matter is not yet planned.
Trump has no further appeals pending against the Supreme Court or is likely to reach the court before states finalize their findings.
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“Cases are usually accepted as part of an appeal if they pose issues of great legal importance that need to be decided in good time. The Pennsylvania case can become both legally and politically irrelevant, ”said Jan Baran, former RNC General Counsel and longtime Republican electoral attorney.
The State Department of Pennsylvania announced last week that "approximately 10,000 postal ballot papers" were received from the polls closed November 3rd through November 6th to be counted. The pool of votes would not change the apparent outcome in the state.
PHOTO: The clashes begin November 10, 2020 in the United States Supreme Court in Washington. (Samuel Corum / Getty Images, FILE)
President-elect Joe Biden leads Trump with more than 45,000 votes in Pennsylvania.
"Like all lawsuits launched or joined by the Trump campaign since Election Day, even if the petitioners succeeded, this case would not change the election results," said Eliza Sweren-Becker, voting rights and campaign attorney at the Brennan Center for Justice.
"The bottom line is that this case is a distraction from the fact that millions of Americans have cast their votes and decided who their next president will be," said Sweren-Becker.
MORE: Joe Biden defeats Donald Trump as president in bitter and historic elections
The court has already denied GOP motions twice to block the extension of the postal vote in Pennsylvania, but three judges last month signaled openness to take the case on the matter after election day.
"The petition for Certiorari remains before us and, if approved, the case may be settled on a reduced timeline," wrote Justice Alito on October 28, contradicting the 5-3 ruling, in Justice Amy Coney Barrett this did not participate.
Alito later ordered all Pennsylvania counties to separate late-arriving postal ballots in case the judges decide to intervene. "I am referring this motion to the conference immediately," wrote Alito on November 6th.
Despite the apparent urgency, none of the judges put the case on the court's weekly conference roster. The Pennsylvania Democrats have not yet formally opposed the Republican petition. that's due on November 25th.
"I suspect they're waiting to see what happens to the election and then when it's clear it doesn't matter, the judges will reject [the petition]," the Supreme Court analyst told ABC News and Professor at Cardozo Law School Kate Shaw.
PHOTO: President Donald Trump watches as Supreme Court Justice Clarence Thomas swears to Judge Amy Coney Barrett as U.S. Supreme Court Justice during a ceremony on the South Lawn of the White House October 26, 2020. (Brendan Smialowski / AFP via Getty Images, FILE)
Trump has publicly touted his three court appointments - Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett - as the last line of defense against the election defeat.
"I'm definitely counting on you to look at the ballots," Trump said of the judges during the first presidential debate in September.
When a tidal wave of postal ballot papers began to change the early results on election night, Trump stated, "This is an embarrassment for our country. We will go to the US Supreme Court."
MORE: Why Pennsylvania Still Counts Votes After Election Day
Legal experts agree that the prospect of Supreme Court intervention to adjust these sums is almost certain to be ruled out once states confirm their election results.
"We do not need any action by the Supreme Court, which many believe is deliberate, to distort the final result of the election," said Kristen Clarke, president and executive director of the Civil Rights Lawyers' Committee.
Georgia expects to confirm the total number of votes on Friday, November 20, within a deadline set by the Foreign Minister. Michigan and Pennsylvania will certify with North Carolina, Arizona and Wisconsin by November 23, to follow shortly thereafter.
The next scheduled judges' conferences will take place on Friday, November 20th and December 4th. No election-related cases were listed for review.
Trump's offer to intervene in the Supreme Court election has not yet materialized and was originally posted on abcnews.go.com
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