Many believe that the U.S. Supreme Court is going to be key if President Donald Trump is going to emerge victorious in the 2020 presidential election. The president, however, doesn’t seem so sure.
Newsmax reports that President Trump “express[ed] doubt” on Sunday about his legal strategy to overturn the results of the election.
“The problem is . . .”
The president’s comments came during his first one-on-one interview since Election Day. It took place on Fox News’ “Sunday Morning Features,” with host Maria Bartiromo. There, the president noted a “problem” with the Supreme Court strategy.
“The problem is it’s hard to get it to the Supreme Court,” the president said.
Indeed, many experts have expressed doubt about whether the president’s legal team would even have enough time to make it to the Supreme Court and to have their case heard, considering that the Electoral College meetup is right around the corner.
Thus far, the president has lost a number of lower court cases, which, in a way, is good because it means that he will be able to get to the Supreme Court faster. The question, putting the merits of this case off to the side, is just whether it is going to be fast enough.
It might not matter
Rudy Giuliani, one of President Trump’s lawyers, explained to Newsmax on Friday that this legal strategy is only one prong of a two-prong approach. The other prong is the state legislature approach.
“We’re doing both, with equal speed and enthusiasm and taking advantage of which one gives us the hearing the quickest. And which one will work fastest for us,” Giuliani said.
This particular strategy has to do with the fact that it is the state legislatures that, under the Constitution, get to appoint electors to the Electoral College. The idea is to raise enough doubt about the election results in key states to convince those states’ legislatures not to proceed with awarding Biden their state’s electoral votes.
As Harvard Law School professor Alan Dershowitz put it, “If [Trump] can keep the Biden count below 270, then the matter goes to the House of Representatives, where of course there is a Republican majority among the delegations of states, and you vote by state if it goes to the House.”
It’s already happening
There are already some signs that President Trump’s legal team has had some success with this strategy. Giuliani and Trump’s legal team put on a hearing in front of the Pennsylvania legislature that has now led that body to seek to reclaim their authority to appoint electors.
Similar hearings are expected to take place in other key states, starting this week with Arizona.