Hillary Clinton Supporter Alan Dershowitz: 'Trump Will Win the Pennsylvania Lawsuit'

AP Photo/Rebecca Blackwell


Alan Dershowitz believes in the Pennsylvania lawsuit.

As relayed by The Daily Wire, the outspoken Democrat and former Hillary Clinton donor told Breitbart News Tonight that the country’s highest court will most likely take up the Commander-in-Chief’s filing against PA.


The reason: The state’s court put into practice election law that hadn’t been approved by its legislature.

Alan was forthright he predicts triumph:

“I do think that Trump will win the Pennsylvania lawsuit…namely, the lawsuit that challenges ballots that were filed before the end of Election Day, but not received until after Election Day,”

The cause of the curveball was the coronavirus:

“The [Pennsylvania] legislature had basically said no to that, and the state Supreme Court said yes because of the pandemic.”

Dershowitz doesn’t appear to believe it was wholly wrong, but legally, it was just that:

“That may have been the right decision in some theoretical sense, but the Constitution doesn’t permit anybody in the state but the legislature to make decisions about elections.”

The attorney pointed to 2000’s Bush v. Gore, where such a thing was well established.

Of course, the big question over any component of Decision 2020 regards how many ballots will be accepted, and how many differently counted.

“That was decided [inaudible] in Bush versus Gore, and I think that four-to-four vote would become a five-to-four vote if the issue came before the Supreme Court and there were enough disputed ballots to make a difference in the outcome of the election. That remains to be seen.”


But he’s on the side of the GOP with this one:

“As I understand the facts of the case — although I think what the judiciary did may have been the right thing morally: If you get your ballot in on time, you shouldn’t be denied the vote just because the post office screwed up — I don’t think you can really make that argument under Article Two. I do think that the Republican argument is the stronger one.”

Could a win lead to electoral conquering in The Keystone State?

Such will — in Alan’s view — determine whether SCOTUS takes a look:

“The Supreme Court will take that case only if it would make a difference, only if the plaintiffs — the Republicans — can show that the number of disputed ballots that were subject to sequestration by Justice Alito’s decision exceeds the difference between the winning margin and the losing margin.”

Either way:

“The Pennsylvania constitutional argument is a wholesale argument that clearly belongs in federal courts.”

As noted by the Wire, there’s reason to believe the court will accept the case:

[J]ustice Samuel Alito hinted that SCOTUS might take up the Pennsylvania case when he ordered that the state’s election boards segregate ballots that arrived after 8 PM on election day.


The battle rages on, and as I covered previously, decades-long friend Geraldo Rivera has said Trump will fight for every vote.

I believe Geraldo. And Alan.

Will a path to victory be traveled?

Despite what news networks have declared, such an occurrence remains to be seen.

And RedState will be here with the updates — every single step of the way.



See more pieces from me:

Not Over ‘Til It’s Over: Geraldo Recounts His Call With ‘Heavyweight Champion’ Trump, Who’s Still ‘Looking for the Knockout’

The Official Hat of 2020? Arby’s Introduces a Turkey Pillow You Wear Like a Helmet

Kentucky Town Elects a Dog as Mayor

Find all my RedState work here.

And please follow Alex Parker on Twitter and Facebook.

Thank you for reading! Please sound off in the Comments section below. 


Join the conversation as a VIP Member

Trending on RedState Videos