Anonymous
Anonymous asked in Politics & GovernmentElections · 2 months ago

Are they going to televise the Supreme court hearing of voter fraud trials just like they did the OJ Simpson trial?

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  • Tmess2
    Lv 7
    2 months ago
    Favorite Answer

    Five things.

    First, the Supreme Court does not hold trials.  For the most part, they are an appellate court.  On the handful of things on which they are the "trial court" (mostly disputes between the states over water rights), they tend to appoint a "special master" to hear the evidence.  The only thing that the Supreme Court would hear would be the appeal and the only "live" part of an appeal is the oral argument.

    Second, even before COVID-19, the Supreme Court did not televise oral argument.  In fact, before COVID-19, with rare exceptions, the Supreme Court did not release the audio from the arguments until Friday.  (The arguments are held on Monday, Tuesday, and Wednesday.)  Since going to remote arguments due to COVID-19, the Supreme Court has allowed real time access to the audio.  

    Third, the Supreme Court only takes cases that have issues of federal law and only if the legal question are sufficiently important (in the view of four of the nine justices).  Most election cases are state law cases and the Supreme Court lacks the authority to overrule a state court's interpretation of state law.  So far, there has not been a case brought by Trump which raises the type of issues that would merit Supreme Court review.  In fact, one of Trump's appointees to the Third Circuit just issued an opinion on  the appeal on the vote certification/notice and cure case thoroughly dismantling Trump's case finding in relevant part that -- despite the creative attempt to federalize the claims -- Trump only had state law claims which were not properly in federal court and that Trump was bound by the adverse rulings on those state law claims by the Pennsylvania Supreme Court.

    Fourth, on any case, the factual findings will be made by the lower courts, and Trump has the burden of proving fraud.  So far, in practically every case, Trump's attorneys have admitted that they do not have any evidence of fraud.  Since Trump is losing on the facts and not on any legal issue, the Supreme Court would probably not take the case because appellate courts generally do not review factual findings.  

    Fifth, under the decision in Bush vs. Gore (and three of the justices were on the Bush legal team and another two justices were part of that case), the Supreme Court held that the safe harbor date in Federal law was a binding deadline for resolving these cases.  This year, the safe harbor date is December 8.  If all legal disputes are not resolved by that date, the last certified count controls.  So far, the Supreme Court has not been rushing to hear any of the Trump cases.  (In fact, they have been giving the state officials the full regular time to respond to the requests to review, and none of the cases are yet on the conference schedule.)  Given that Trump not only has to have the Supreme Court set aside the dismissal of his claims, he then has to win it in the trial court by December 8.  While unpredictable things could happen, it looks like the Supreme Court is just sitting on these disputes until the clock runs out.

  • ?
    Lv 7
    2 months ago

    First the Supreme Court does not allow cameras

    Second the Supreme Court will decline to hear any case brought by the Trump campaign due to lack of evidence 

  • Lili
    Lv 7
    2 months ago

    The SC isn't going to hear any of these cases. They will let the lower-court dismissals stand.

  • 2 months ago

    The US Supreme Court is an appellate court, not a trial court.  You obviously don't know much about the US legal system.  

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  • Robert
    Lv 7
    2 months ago

    I believe the supreme court does not allow cameras.  

  • Anonymous
    2 months ago

    The SC will reject those cases.

  • Anonymous
    2 months ago

    LOL.........................

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