Trump eyes Supreme Court, but campaign takes election fight to state courts

The campaign also calls for a recount in Wisconsin and possibly Michigan.

In the coming days, the success or failure of this strategy will determine whether Trump or Democrat Joe Biden will be installed as president in January.

“I don’t think the president’s campaign should be to blame for using available legal processes to determine the winner,” said Scott Jennings, who worked under President George W. Bush and is affiliated with Trump’s White House. “Why shouldn’t you be allowed to watch this? You have rights and you have the lawyers and it’s the American way. “

Biden is leading Trump in the referendum and is on the verge of getting the votes he needs to win the presidency. But Trump’s campaign insists it remains competitive in states where votes are still being counted, claiming that several states that Trump appears to have lost with low profit margins may have miscalculated the results. In many places this case is brought to court.

However, this is not what Trump signaled at the White House shortly after 2:30 a.m. on Wednesday when the President confusingly stated he was asking the Supreme Court to “suspend all voting” – even though the voting had already stopped – because ” we don’t want them to find ballots at four in the morning and add them to the list. ”

The next morning, Trump campaign officials never mentioned the Supreme Court on two conference calls with reporters.

“He just doesn’t know how it works,” said a Republican near the White House. “It’s just from ignorance of the process.”

The campaign also sent out fundraising emails and texts all night to raise money for legal bills to fight the election, but these didn’t mention the Supreme Court either.

“For four years he’s been throwing things out to see if they get stuck,” added another Republican close to the campaign. “He’s not a lawyer.”

The campaign can’t go straight to the Supreme Court to stop the vote counting, said Ned Foley, director of suffrage at Ohio State University’s Moritz College of Law. Rather, Foley said Republicans had certain cases that they could eventually appeal to the Supreme Court.

“The president is ahead of the process because he wants to show the American people that he is fighting for every vote,” said a former senior White House official.

Bob Bauer, a Biden campaign attorney, told reporters Wednesday that if Trump goes to the Supreme Court, “he will suffer one of the most embarrassing defeats a president has ever suffered in the country’s Supreme Court.”

Trump has predicted the Supreme Court election more than once, and used this as one of his reasons for rushing to occupy Ruth Bader Ginsburg’s Supreme Court seat less than a month before the election. Trump eventually managed to get Amy Coney Barrett sworn in last week through and ensure a Conservative majority of 6-3 that can help Trump in all election-related cases.

The Trump campaign and the Republican National Committee did not respond to requests for comment.

Rather than focusing on the Supreme Court, the Trump campaign continues a state-to-state legal battle it has been fighting against postal ballot papers for months.

During the campaign, Republicans attempted to allow the counting of postal ballot papers that arrived shortly after election day, even though they were mailed before the election. The moves were intended to make up for any delays as the U.S. Postal Service attempted to handle a pandemic-induced surge in remote voices.

Republicans argued that local election officials and judges were changing the rules too close to an election. And they insisted there was no way to prove that all late-arriving ballots had been sent out before the election.

While Republicans have won some legal challenges related to inbox voting deadlines, they have lost some, particularly in Pennsylvania where there is a three-day extension for long-distance votes that can still be counted.

Now the Republicans are back, challenging all ballot papers that are still counted after election day.

Trump’s campaign on Wednesday filed lawsuits to halt Michigan vote counting. Pennsylvania and Georgia, which claimed it was not given adequate access to watch the process and officials miscalculated late ballots.

Biden is expected to win Michigan while Pennsylvania still has too many pending votes to place a call. Trump won both states in 2016 after decades of democratic victories. In Georgia, Trump has a slim lead with tens of thousands of votes.

Pennsylvania, with its 20 votes, is fast becoming the number one state for the Trump campaign to bring.

While the Supreme Court has declined twice to hear Republicans’ appeal to throw away late-arriving postal ballots, it left the door open to take the case up after election day.

The only case about voting deadlines that could be set in the Supreme Court right now is from Pennsylvania, where Democrats and Republicans have been fighting over an extension to accept postal ballot papers postmarked on or before election day three days after the election.

Late on Wednesday, Trump’s campaign officially asked the Supreme Court to intervene again.

“Given last night’s results, the Pennsylvania vote could determine the next President of the United States,” the campaign motion said. “And this court, not the Pennsylvania Supreme Court, should have the final say on relevant and optional legal issues.”

Republicans have also filed two other lawsuits in the state to halt the counting of votes for people given the opportunity to correct postal voting errors.

The campaign handles these prime-time lawsuits and sends popular surrogate mothers to the state to publicize them.

Wednesday’s campaign sent Eric and Lara Trump, the president’s son and daughter-in-law, to a press conference in Philadelphia. They were joined by Rudy Giulinai, the president’s personal attorney, former Florida attorney general, Pam Bondi, a close ally of Trump, and Corey Lewandowski, a top campaign advisor.

“This is more than anything I’ve ever seen before,” said Giuliani. “Do you think we’re stupid? Do you think we’re fools? You know something, Democrats think you’re stupid. And they think you’re fools.”

The other suits of the Trump campaign at the country level have faced setbacks.

In Nevada, the state Supreme Court on Tuesday denied a Republican motion to immediately stop the counting of some postal ballots in Clark County, where ballots can be included if postmarked by election day and arrive by Nov. 10, the case is still active and the parties must submit pleadings by Monday.

And in North Carolina, the campaign fought unsuccessfully to prevent the state from counting election-day ballots if they arrive by November 12th. The Supreme Court denied a request for intervention. But this decision could also be reconsidered.

Up in Wisconsin, the Trump campaign is calling for a recount, citing unspecified “reports of irregularities in several Wisconsin counties that cast serious doubts on the validity of the results.”

The campaign will likely ask for a Michigan recount as well, according to people close to the campaign.

Daniel Lippman and Josh Gerstein contributed to this report.

Leave a Comment