Enough Already

December 2020

It is finally over. The Supreme Court, The Electoral College, The States have all weighed in. The Supreme Court, in a simple sentence, said “No Standing” to Trump’s latest attempt to overturn the vote in the Presidential election. “No standing” is an interesting legal concept especially in that the Supreme Court has unlimited jurisdiction to hear cases brought before it. The Court found that the plaintiff, the State of Texas as represented by the Attorney General had no basis in making the claim. The Court never considered the merits of the claim, sidestepping the evidence submitted. Notwithstanding the unlimited jurisdiction rule, the Supreme Court found that Texas had no standing to attack, in a court of law, the voting in other states.

I assert the “no standing” objection often in my land use work when a neighbor from outside the block complains about an applicant seeking a variance or other relief before a Zoning or Planning Board. The concept is a basic rule of law. Texas should have no say in the voting in Michigan—they are “outside the block.” The Supreme Court invoked “no standing” to relieve the nation of Trump’s continued challenges to the legitimacy of the vote, and his undermining of our Democracy.

We are told that most of the Republican Party believe that the 2020 election was “rigged,” including 126 Republican Congressmen who co-signed Texas’s lawsuit. How can that be? The States themselves have recounted. The Lower Courts have ruled. And now the Supreme Court has said “Enough.” Trump knows, Rudy knows, Jared knows. Barr certainly knows and has finally put on his “man pants” and said so, after which he resigned so Trump could pre-empt coverage of the Electoral College votes confirming Biden’s win. So, what is the true agenda? Some say fundraising is the real story and this money –millions of dollars—will go to Trump’s pockets. This scheme cannot be true. I know from experience that lawyers have the capacity to keep litigating for delay purposes, but to use litigation to raise funds to support attacking the election when it is clear and established by the Supreme Court and Trump’s own Attorney General that election was won by Biden goes too far!

Our judicial system is not designed to put litigation on a path to finality. There is always another theory or an appeal from an appeal. Even with the Supreme Court’s “no standing” decision the system still allows for more litigation. One needs only another filing or court appearance to keep moving forward and to generate donations. Courts continue to accept filings of unfounded matters attacking the election. The funding will never stop because the appetite is insatiable.

Untold numbers of op-eds, columns and books will be written, laying out the events of the 2020 election. Our democracy will survive, and voters’ confidence will return. The conspirators will continue to spit out their claims. Let’s hope common sense will soon prevail.

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