The Supreme Court has reached a decision in the final election challenges brought by Donald Trump regarding the 2020 presidential election.
The court did not comment on the three cases it dismissed on Monday, but ended the case of Trump’s appeal to challenge thousands of absentee ballots in Wisconsin, Reuters reported.
It was the last of three petitions filed at the Supreme Court near the end of Trump’s presidency that the justices declined to take up. The court on Feb. 22 turned away Trump’s other two appeals – a second Wisconsin challenge and one relating to voting in Pennsylvania, another pivotal state Trump lost. Lower courts previously had ruled against Trump in those three cases.
It already was clear that the high court, which includes three justices appointed by Trump, had no intention to intervene in the cases and others filed by his allies because it did not act before Congress on Jan. 6 certified Biden’s victory. That formal certification was interrupted when a pro-Trump mob stormed the U.S. Capitol.
In the Wisconsin case, Trump sued two days after the state had certified its election results. He challenged several Wisconsin election policies including one allowing the use of drop boxes for absentee ballots during the COVID-19 pandemic. Both a federal judge and the Chicago-based 7th U.S. Circuit Court of Appeals rejected the claims, noting in part that Trump had waited too long to sue.
The lawsuit, Trump v. Wisconsin Elections Commission, contended that the use of widespread mail-in voting used in Wisconsin was against the law and lacked oversight. Trump argued that the vote totals should be nullified and that the state legislature should choose who would win the state’s electors.
“[T]he Plaintiff seeks a very precise remedy to uphold the exclusive authority of the Wisconsin Legislature granted in Article II of the United States Constitution regarding the conduct and manner in Wisconsin for appointing Electors to vote for the President of the United States,” it said. “Plaintiff seeks a declaration and preliminary and permanent injunction that the Defendants and their practices described in this Complaint infringed and invaded upon the Wisconsin Legislature’s prerogative and directions under Article II of the U.S. Constitution regarding the conduct of the 2020 Presidential election in Wisconsin and will, if continued, do so in future elections.”
The case was previously dismissed by the district court and the U.S. Court of Appeals for the Seventh Circuit which said that the Wisconsin Supreme Court, and not the federal courts, had the authority to decide on cases involving the state’s election laws.
“Put another way, the errors that the President alleges occurred in the Commission’s exercise of its authority are in the main matters of state law,” it said. “They belong, then, in the state courts, where the President had an opportunity to raise his concerns. Indeed, the Wisconsin Supreme Court rejected his claims regarding the guidance on indefinitely confined voters, and declined to reach the rest of his arguments on grounds of laches.”
During his Conservative Political Action Conference, CPAC, speech Trump continued to insist that the presidential election was “rigged.”
“This election was rigged and the Supreme Court and other courts didn’t want to do anything about it,” he said. “They didn’t have the courage, the Supreme Court, they didn’t have the courage to act, but instead used process and lack of standing.”
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Author: Carmine Sabia
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