Diary

Thanks to SCOTUS, It's Basically Over

AP Photo/Patrick Semansky

The Hail Mary pass thrown by the state of Texas ended up as an incomplete pass in the end zone with time all but expired.  The Electoral College is set to “meet” on Monday, December 14 when they will certify 306 electoral votes for Joe Biden and declare him president-elect.  The court said that Texas lacked standing to challenge the conduct of elections in four other states despite the clear wording regarding “original jurisdiction” in Article III of the Constitution.

As the media erroneously reported, Texas did not seek to have the election results overturned.  If one reads their petition, it asked that the state legislatures in the four states select the electors.  Although Republicans hold the majority in the state legislatures of Michigan, Pennsylvania, Wisconsin and Georgia, there was never a guarantee they would select a slate that would vote for Trump.  Of course, now we will never know.  In Georgia, a Republican governor and a Republican secretary of state brushed off all allegations of fraud and electoral irregularities and basically declared the end results clean.

Likewise, the media which for four years raged that the 2016 election was somehow influenced by Russia without a shred of evidence but about $300,000 in Facebook ads have now gone full circle and declared the 2020 election pure as the driven snow because their preferred guy won.  This is the same media that censored the allegations against Hunter Biden that implicated the man who would be President in some illegal activity.  This is the same media that slaps warnings on social media postings about proven fraud and election tampering, yet accepts Russian interference in 2016 as the Gospel truth.  Now, they are set to censor anything that does not adhere to the idea that 2020 was 100% legal in all aspects.  All debate is over!

It is a short hop from not being able to say it to not being able to even think it.  Our overlords in the media have declared it thus!  To think this can even happen in a country that gave us the First Amendment with its guarantees of free speech and thought is mind-boggling.

Bill Pascrell (D-NJ), a US House member, even went so far as to suggest that any other House member who contested the outcome of the 2020 election was engaging in “seditious” behavior and should be kicked out of the House.

Unfortunately, the Supreme Court lost a golden opportunity to put the issue to rest.  They could have accepted the case, heard arguments, then made a decision.  My educated guess is that it would have ended up the same way- a rejection of the arguments of Texas- but at least there would have been some semblance of the idea that the system works.  It would likely, in the interim, lead to some great legal analysis and parsing of the words of an oral argument, but it also would have offered up yet another dose of false hope.

When push comes to shove, everyone must realize that the odds of Texas prevailing were extremely long.  The Court is averse to rocking the boat unless it involves some new constitutional right like abortion.  They regularly engage in legal mumbo-jumbo to justify legislating from the bench.  They could have tied themselves in legal knots yet again in shooting down the arguments of Texas.  But, they didn’t- just a short summary dismissal with a short “dissent” from Thomas (signed also by Alito).

Worse, they sent a message to 75 million Americans who voted for Trump that their votes really did not matter.  The system we are supposed to respect and place faith in took a backseat to the wishes of the media, Big Tech, and others who tend to riot when they do not get their way.  Maybe they were sending their own message to an incoming Biden/Harris administration that “this one is for you…please don’t pack the Court and end the Senate filibuster” as they have proposed.  In short, “please don’t dilute our power going forward.”

There is talk of an impending civil war, Trump mustering the powers of martial law, and all sorts of things out there in the blogosphere.  But, we have been fighting a civil war since about August 2015 when Trump came down that escalator in Trump Tower.  The battle has been waged in the media- both legacy and social- the courts and the shuttered counting rooms where ballots mysteriously appear in the dead of night.  In small doses, it has been fought in the streets.

Any civil war, the historians will tell you, occur when some faction can no longer achieve its goals through legal, economic or political means, or the perception of being foreclosed.  The question today is whether any or how many Trump voters feel this way now.  How many people now believe that the election was stolen and the perpetrators got away with it?  Are they going to trust any election going forward?  Is trust in the electoral process now destined to sink to the levels of trust in the media, our politicians, and our courts?

The United States Supreme Court had an opportunity to play Solomon and at the very least listen to the arguments.  Their minds may have been made up and the end result may have ended up with a 7-2 decision, or even a 9-0 rebuttal of Texas’ arguments.  Instead, they played the role of Pontius Pilate and washed their hands of the election of 2020.

This writer hates to break the news to you despite the inevitable legal analysis that will unfold on these and other pages about the pending lawsuits and the recent Pennsylvania petition before the Supreme Court, but they are going nowhere.  If they are even taken up by the Supreme Court in this or the next term, it will make for some lively legal debate, but little else.  That does not make me a pessimist; it makes me a realist.

For mostly worse, there is one second left on the clock and the opponent has the ball.  This is not an Eagles-Giants game at the Meadowlands where a last minute fumble will hand the election to Trump.  But, like a football season, there is an opportunity for revenge come 2022 or 2024.  One can only hope that referees stick to the rules and the rules are clearly articulated by then.  More importantly, one hopes that those who feel disenfranchised today do not self-disenfranchise themselves in the future.