Despite many defeats in the courts, President Donald Trump has not given up his pursuit of a legal remedy for what he argues was a fraudulent 2020 election.
Trump and his legal team filed a petition with the U.S. Supreme Court on Sunday asking the justices to overrule three decisions made by the Pennsylvania Supreme Court, Politico reported.
It’s not over
Trump lawyer and former New York City Mayor Rudy Giuliani released a statement explaining the petition’s goal, according to Politico.
“The petition seeks all appropriate remedies, including vacating the appointment of electors committed to Joseph Biden and allowing the Pennsylvania General Assembly to select their replacements,” Giuliani said.
In the complaint, Trump’s legal team requests that the Supreme Court deem unconstitutional the changes that were made by Pennsylvania’s executive branch and approved by Pennsylvania’s Supreme Court to the state’s voting laws. They argue that this was a violation of the Constitution which only gives such authority to the state legislature, not the state’s executive and not the state’s judiciary.
The team is asking the Supreme Court to remedy the situation by disqualifying the electors that Pennsylvania has already sent to the Electoral College and allowing Pennsylvania’s legislator to appoint new ones.
As Politico pointed out, changing the outcome in Pennsylvania will not by itself change the outcome of the 2020 election. The Electoral College met last week and voted Democratic nominee Joe Biden the winner of the election by a margin of 306 to 232, according to the Wall Street Journal. Pennsylvania’s 20 Electoral College votes would not be enough to overcome that gap.
Nevertheless, what Trump and his team are looking for is momentum. Thus far, they have lost some 50 election-related legal challenges. If they can get even one win with the Supreme Court confirming that illegal activity did take place in the 2020 election, that could be a game-changer.
The Supreme Court has been seemingly reluctant to get involved so far, and there are several options that would allow them to stay on the sidelines in this case, however. They could decide not to hear the case for the very reason that Pennsylvania’s Electoral College votes will not change the outcome of the 2020 election. Furthermore, the justices are currently not scheduled to meet again until Jan. 8.
An important date
The day the justices are scheduled to meet is two days after the day Congress will meet to ratify the Electoral College’s vote, Jan. 6. Of course, several Republicans in the House of Representatives reportedly plan on objecting to the Electoral College votes.
What is unclear is whether these individuals will get the necessary support from Senate Republicans.
If the Supreme Court decides not to get involved, then Jan. 6 could be Trump’s last chance to pull out a win in the 2020 election. Time is running out.