Although a federal court ruling in Pennsylvania has blocked a hoped-for path to victory for the Trump campaign, it has opened up a path to the Supreme Court, according to the campaign’s lawyers.
On Saturday, U.S. District Court Judge Matthew W. Brann threw out the Trump campaign’s lawsuit that alleged there were widespread irregularities in Pennsylvania’s voting.
The decision heaped scorn on the Trump campaign’s effort to overturn results that showed that presumptive potential President-elect Joe Biden won the state in the Nov. 3 contest.
The Trump campaign alleges there has been voter fraud in states that include Arizona, Nevada, Georgia, Michigan and Wisconsin, as well as Pennsylvania. Despite multiple anecdotal claims of voting irregularities, proof has yet to surface that there was a widespread effort to distort the voting process in such as way that would have impacted the final results of the presidential election. --->READ MORE HERE
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| Jacquelyn Martin/AP Photo |
The Western Journal is presenting this memorandum, written by two prominent conservative legal scholars, essentially verbatim, with only enough editing to format it for the Op-Ed section of our website. Because of the importance of the subject matter and its potential to impact the results of the 2020 presidential election, we felt it was even more important than usual to allow these newsworthy authors their own voice, with as light a touch from our editorial staff as possible. — Ed. note
THE CONSTITUTIONAL DUTY OF STATE LEGISLATURES IN A CONTESTED PRESIDENTIAL ELECTION
The American People deserve lawful presidential elections: “No right is more precious in a free country than that of having a voice in the election of those who make the laws under which, as good citizens, we must live. Other rights, even the most basic, are illusory if the right to vote is undermined.” Wesberry v. Sanders, 376 U.S. 1, 10 (1964).
During the 2020 Presidential Election, many of the so-called swing states, including Arizona, saw unprecedented — and unlawful — erosions of procedural safeguards as well as administrative irregularities on Election Day. People deserve an honest accounting of who won. Many Americans voted via a process – absentee ballots, including mail in ballots – that the bipartisan Jimmy Carter-James Baker commission identified as “the largest source of potential voter fraud” in the wake of the contested 2000 election. BUILDING CONFIDENCE IN U.S. ELECTIONS: REPORT OF THE COMMISSION ON FEDERAL ELECTION REFORM, at 46 (Sept. 2005). With respect to identifying and remediating fraudulent or mistaken results, it is now or never, whatever can be done must be done.
Examining the Assumptions of Andrew McCarthy
This analysis was inspired, indeed provoked, by an article written by Andrew McCarthy appearing in the historically Never-Trump National Review. Andrew C. McCarthy, “No, State Legislatures May Not Reverse the Result of the Election,” National Review (Nov. 21, 2020). Mr. McCarthy completely mischaracterizes the issue, establishing a straw man for him to set on fire.
He says: “The idea would be to appeal to Republican-controlled legislatures in states where presumptive president-elect Joe Biden won the popular vote — Pennsylvania, Michigan, Georgia, and Arizona — and persuade them to appoint slates of Republican electors who would cast each state’s Electoral College votes for Trump rather than Biden.” Well, if Biden actually was the presumptive president-elect, and if Biden had won the popular vote, Mr. McCarthy’s analysis would make sense. But he is assuming facts not in evidence. --->READ LOTS MORE HEREFollow links below to related stories:
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