The big corporate news
networks are trying to convince us that there is absolutely no way
that the Supreme Court will rule in favor of President Trump and
his allies in Texas v. Pennsylvania, but what if they are wrong?�
The case
is on the docket, and the states of Pennsylvania, Georgia,
Michigan and Wisconsin have been ordered to file their responses
by 3 PM on Thursday. It appears that the Court understands the
urgency of this matter, and they seem determined to move things
along very quickly. One way or the other, we should find out what
they are thinking fairly rapidly.
In
the first part of this series, I discussed the fact that 18
other states have now joined with Texas in arguing that the
election results in Pennsylvania, Georgia, Michigan and Wisconsin
cannot be allowed to stand.
And the more I examine the facts, the more I am convinced that
their legal claims are right on target.
Everyone agrees that officials in Pennsylvania, Georgia,
Michigan and Wisconsin changed election rules without consulting
their legislatures. But the Electors Clause of the U.S.
Constitution gives state legislatures the sole authority in
determining how electors will be selected. The rule changes that
officials in Pennsylvania, Georgia, Michigan and Wisconsin made
were unconstitutional, and they had a material affect on the
outcome in each of those states.
Similarly, everyone agrees that voters and ballots were treated
very differently in left-leaning portions of Pennsylvania, Georgia,
Michigan and Wisconsin than they were in right-learning portions of
those states. These are textbook violations of the Equal
Protection Clause of the Fourteenth Amendment, and the Supreme
Court would have to be completely blind not to see that.
If the Supreme Court is faithful to the U.S. Constitution, the
voting results in all four states will have to be thrown out.
But what happens then?
Well, Texas Attorney General Ken Paxton is asking the Court to
declare that all electoral votes from those four states
should not be counted…
In the suit, Paxton asks the high court to “declare that any
electoral college votes cast by such presidential electors
appointed in Defendant States Pennsylvania, Georgia, Michigan, and
Wisconsin are in violation of the Electors Clause and the
Fourteenth Amendment of the U.S. Constitution and cannot be
counted.â€
I do not believe that the Court will do that, because that would
disenfranchise all of the legal voters in all of those states.
Alternatively, the Court could choose to direct the state
legislatures in each of those four states to choose their own
slates of electors, but I don’t think that the Court would be
willing to do that either.
Instead, I believe that the most likely remedy would be new
elections. That would be problematic as well, because the results
of those elections may not be known before the electoral votes are
supposed to be counted in Washington on January 6th.
But even though new elections would be a chaotic solution, I
believe that it is the best of the choices.
In any event, if the current election results are overturned by
the Supreme Court and President Trump ultimately ends up winning,
it will set off the biggest temper tantrum in all of U.S.
history.
We have already seen widespread rioting, looting, arson and
violence in our major cities all throughout 2020, and we have
continued to see more civil unrest in recent weeks. Just check out
what just happened in
Portland.
But if Trump ends up getting a second term after everything that
has already transpired, we are going to see an explosion of anger
that will be off the charts.
Already, politicians in some states are making decisions based
on fear of what could potentially happen. For example, members of
the state legislature in Georgia were apparently afraid to call a
special session to address problems with their elections because
they were reportedly afraid that Atlanta
“will burn†if they did…
In an interview with The Georgia Star News, State Representative
Colton Moore (R-Trenton) shared that legislators are gun-shy about
calling a special session to address the general and runoff
elections.“The attitudes that a lot of Republicans had was, ‘Let’s
just say out of it and let the court decide.’ One legislator said
[if they did call a session that] Atlanta will burn down a second
time,†he said. “My personal theory is that the governor has
prevented a special session because roughly half of the Republicans
in the house don’t want to be responsible for that burden.â€
I guarantee you that the potential for violence will weigh
heavily on the minds of members of the Supreme Court as they
consider the merits of Texas v. Pennsylvania.
I wish that wasn’t true, but the truth is that members of the
Supreme Court are humans too. If they are responsible for Biden
losing the election, there is a very real possibility that radicals
will violently attack them, their families and their homes.
Hopefully, there will be at least five justices that will be
courageous enough to do what is right for the country no matter
what the short-term consequences are. As Sean
Hannity recently explained, we have reached an absolutely
critical moment in our history and the American people deserve
answers…
“The country deserves it. You deserve it,†Hannity argued.
“We, the people, deserve it. I don’t know what the justices are
going to do, but the American people deserve answers. We need to
have confidence in both the integrity and the results of every
state’s election, in the process, because we have millions of
innocent Americans in states where the law, the Constitution were
not followed. They are, then, disenfranchised in a corrupt
process.â€
But no matter what happens, it is likely that the divisions in
this country are just going to continue to grow deeper and
deeper.
And as they get deeper, many are wondering if we will be able to
stay united as a single nation. For example, Rush Limbaugh seems
to think that the U.S. is rapidly approaching a
breaking point…
“There cannot be a peaceful coexistence of two completely
different theories of life, theories of government, theories of how
we manage our affairs. We can’t be in this dire a conflict
without something giving somewhere along the way.â€â€œI know that there’s a sizable and growing sentiment for
people who believe that that is where we’re headed whether we
want to or not. Whether we want to go there or not.â€
Unfortunately, there is no easy solution, and the frustration on
both sides is only going to continue to grow.
Whether it is now or later, it appears to be inevitable that
there will be a lot
more civil unrest in our major cities, and that is extremely
unfortunate.
In the beginning, the United States was united by a single set
of values and principles, and those values and principles helped to
make us into the greatest nation on the entire planet.
But now we have abandoned those values and principles, and as a
result we have a giant mess on our hands.
***Michael’s new book entitled “Lost Prophecies Of
The Future Of America†is now available in
paperback and for
the Kindle on Amazon.***
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