After successive struggles by a private legal team led by Giuliani to no avail, Trump’s big move finally came. This week is the deadline for states to confirm the results of the US election. At the last moment, the Attorney General of Texas (hereinafter referred to as Texas ) announced that he would file a lawsuit with the U.S. Supreme Court against the state of Georgia, Pennsylvania , Michigan , and Wisconsin. Violation of the Constitution.
Texas Attorney General Ken Paxton
Texas has found a better legal loophole: it is for unconstitutionality rather than forgery
The reasons for the Texas prosecution are as follows:
- The four states of Joe, Pennsylvania, Michigan and Weiwei are in During the election process, the rules on mail-in ballot certification in the election law were arbitrarily modified without the authorization and consent of the state's legislature (parliament), which violated the constitution. The reason is that there is an inequality between voters in this state who vote on time and those who vote on time, which violates the U.S. Constitution .
This is like the police arresting a person, but the arrest of this person is only authorized by the local court (that is to say, there is no clear regulation), and the arrested person is finally sentenced by the court, so how can the sentence be sentenced without provisions? If it is necessary to impose a sentence, then the legislative body must supplement this clause before, or determine that the court can authorize and judge based on other clauses, but without going through the legislative body, so this violates the constitution.
Why can Texas file a lawsuit and go directly to the US Supreme Court ?
- According to American legal theory, a state government that violates the constitution can be sued by the people of that state. However, according to the principle of "freedom for all", that is, in the context of the general election, the unconstitutional violations of the four states of Joe, Pennsylvania, Mississippi, and Wei led to the results of the American election. The change violated the freedom of the people of Texas, so Texas could sue.
- Secondly, if Texas only sues one state, it will be accepted by the circuit court. However, according to the U.S. Constitution, if two states or more than one state are sued, it will be directly accepted by the U.S. Supreme Court.
It can be said that
's knife directly cut into the Democrats' seven inches.
The biggest weakness of the Democratic Party - Six to Three: "Serious Votes Disadvantage" in the US Supreme Court
In the author's two previous articles, " Trump Sandbox Deduction of Life and Death Comeback" and "Bloody Fight to the End - Trump Known as It was mentioned in "The Most Important Speech" that the two magic weapons for Trump and the Republicans to make a comeback are the intervention of the Supreme Court and the disloyalty of the electors.
Don’t forget that the U.S. Supreme Court usually does not have much traffic in American political battles, but at critical moments, the political games in which the Supreme Court participates can often determine the final outcome. For example, in the 2004 U.S. election, Gore and George W. Bush The contest was that the Supreme Court decided George W. Bush’s victory after ordering a recount in Florida, even though Gore received more popular votes.
Although Trump has attracted a lot of criticism in his four years, but sending three conservative justices to the U.S. Supreme Court in one term is a political legacy that many well-known American presidents cannot achieve, because regardless of No matter how popular or powerful a president is, it is nothing if there are no vacancies for justices. And because the U.S. justice system is for life, once elected, unless you break the law or propose to retire, you can work until the day you close your eyes. This is a real life-long diamond job in the United States.
Nine justices during the Obama era, the three on the far right, two retired and one passed away
The Supreme Court of the United States
In 2017, Trump nominated Neil Gorsuch to become a justice, and it was passed by the Senate 54 to 48.
In 2018, Justice Kennedy proposed to retire, and Trump nominated Judge Kavanaugh, who was trained during the George W. Bush era. Affected by the sexual assault scandal, the Republican-controlled Senate won the election with a 2-vote advantage (48 to 50). Brett Kavanaugh, who has been accused of sexual assault, has been sent to the US Supreme Court, known as the "Marble Temple".
In October 2020, Ginsburg, who was more famous than Hillary among the intellectual elite, passed away unexpectedly, so Trump quickly nominated the more controversial young female law professor Barrett, and then the Republican-controlled Senate also accelerated its efforts. , sent Barrett to the U.S. Supreme Court with a 1-vote advantage (48 to 49, one abstention).
Especially the last time Barrett was "coronated" quickly, was criticized by the Democrats as "violating decades of political rules and unwritten tacit understanding between the two parties." To be honest, Democrats hate this as much as the assassination of the Iranian Guard Commander.
The author will introduce to you the operation of the Supreme Court of the United States. There are a total of nine judges. Because every decision is final and cannot be overturned and there is no appeal, all nine judges need to vote and cannot abstain.
According to some unwritten traditions, the judge with the least "qualification" in the Supreme Court (or voluntarily becoming a neutral) automatically becomes the swing vote. means that the first eight judges vote first. If 5 appears: 3, 6:2, then the swing votes will be friendly to the side with the smaller number, which will appear to be "not a big gap", in order to avoid excessively disparate results from intensifying conflicts. If 4:4 occurs, then the "swing vote" judge will generally hear the defense of both parties again (that is, give both sides a chance to convince the swing vote again), and then vote again to form the final result.
Even if the "swing vote" Ms. Barrett is excluded, the conservatives on the U.S. Supreme Court still have a 5:3 disparity advantage over the liberals. This is why Trump's key to overturning the election is the Supreme Court and the election. On people.
Barrett, Thomas, Alito, Gorsuch, and Kavanaugh are all die-hard conservatives.
Once the Supreme Court completely tilts towards Trump, it means that a comeback is imminent.
Regardless of Texas’ lawsuit against the other four states, it seems to be the same as Trump’s previous The two litigation carriages: Giuliani and Powell are no different, but they have a very good chance of winning, because the "Texas Prosecution" case is different from other lawsuits launched by the Trump camp. The focus of other lawsuits is election fraud, such as expired mail-in ballots. , if the number of votes exceeds the number of registered voters, observers are not allowed to enter the counting room, etc. The focus of the Texas lawsuit is that the state government is unconstitutional, and it is true that during the election process in these four states, they only have the judicial interpretation of the state courts and no authorization from the legislature.
If the Supreme Court determines that the four states of Joe, Pennsylvania, Michigan, and Weiwei are unconstitutionally established, two options will appear:
- The state assembly will decide whether to deny the state's general election vote. If it is overturned, the popular vote will be invalid and will be re-elected by the state assembly. Select electors and vote in Congress on the 18th of this month.
- If the state assembly decides not to deny the state's general election votes and must recount the votes according to new rules, it is likely that many mail-in votes supporting Biden will be invalidated, and the final winner of the state is likely to change.
No matter which option is chosen, once the Supreme Court tilts towards Trump, the 62 electoral votes of these four states may re-determine the winner.
62 electoral votes are enough for Trump to overturn? enough.
Seventeen red states support the Texas lawsuit - the United States continues to be divided
In some hardcore Republican states, they have expressed support for the Texas lawsuit and pressured the Supreme Court, including Alabama, Arkansas, Louisiana, and Florida. etc.
Although the Supreme Court has previously dismissed some "funny" lawsuits against Biden, such as Pennsylvania's individual lawsuit seeking to overturn the election and not to certify the election, such as the U.S. Presidential Inaugural Committee's lawsuit demanding not to recognize Biden.
The Inaugural Committee’s appeal to the Supreme Court for “not recognizing Biden” was rejected
But as the author said, the loophole exploited by Texas this time is well-founded and more targeted than “falsehood” and “fraud.” The Supreme Court Will it help Trump "make a comeback" with a superior number of votes at a critical moment? We'll have to wait and see.
But what is certain is that Trump’s last two cards-the Supreme Court and electoral infidelity. No matter which card actually works or surfaces, it will create the biggest political gossip in the history of the United States. , will also trigger the largest social division under the so-called democratic political system in the United States.
The democratic system that claims to be equal and free has produced such huge social divisions? Isn’t it logically ridiculous and a slap in the face?
