Former Harvard law professor Alan Dershowitz raised eyebrows when he agreed to help defend President Donald Trump during his impeachment trial.
Now, Trump is fighting multiple legal battles over this year’s election. In Pennsylvania, the president is challenging a state Supreme Court decision that allowed late ballots to be counted — and in this case, Dershowitz said Thursday that he thinks the president will win.
The liberal attorney made his thoughts known Thursday during an interview with Joel Pollak, host of SiriusXM’s “Breitbart News Tonight.”
“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 Republican argument is the stronger one.”
Dershowitz was referring to the Pennsylvania Supreme Court’s decision allowing ballots that arrived after election day to be counted in violation of state law.
“The [Pennsylvania] legislature had basically said no to that and the [Pennsylvania] Supreme Court said yes because of the pandemic,” he explained.
“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.”
Dershowitz noted that same principle was at work two decades ago in Bush v. Gore, a case that Dershowitz contends “was decided correctly.”
“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.”
As to whether Pennsylvania’s Democrat-led Supreme Court the Trump campaign should prevail, Dershowitz opined, “I do think that the Republican argument is the stronger one.”
Will U.S. Supreme Court take it up?
On November 6, U.S. Supreme Court Justice Samuel Alito ordered that all ballots received after 8 p.m. on election night be segregated pending resolution of the case. However, Dershowitz cautioned that the nation’s highest court is not likely to take up the issue unless the number of disputed ballots would be enough to change the outcome.
“The Supreme Court will take the 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,” Dershowitz said.