Anonymous asked in Politics & GovernmentElections · 2 months ago

Why does Jeanna Ellis (Trump Team lawyer) keep saying "On to SCOTUS"? SCOTUS cant decide the president? only Congress can?


& If there is a "Contingent election" on January 6th....does that mean pretty much "Trump wins"? or how might depend? all the Republican states HAVE TO vote for the representative of their party?

meaning,,,can these obvious "RINO" Republicans vote for Biden instead of Trump? why or not?

5 Answers

  • Tmess2
    Lv 7
    2 months ago
    Favorite Answer

    Ultimately, under the relevant laws the final say is Congress.

    But, in limited circumstances, the Supreme Court might get to rule on a case (or cases) involving who won an individual state.  But the only time that this has happened was in 2000.  And the 2000 election was a much closer race than the current one with the race hinging on one state that had a margin under 600 votes.  So, in theory, Ellis is right that they can try to go to the Supreme Court.  But, the Supreme Court as of the morning of December 4 has shown no interest in taking up any post-election cases (and it has been sitting on one from Pennsylvania since right before the election).  

    As the Supreme Court noted in its decision in 2000, the law presumes that the slate of electors certified by a state as of the "safe harbor" date is the valid slate of electors and it is very difficult for Congress to set aside the votes of those electors.  (Both houses have to agree to reject those votes.)  As such, any case needs to be resolved by that date.  This year that date is December 8.

    On the contingent election impossibility, nobody can say for sure because we have not had this issue arise since 1824.  If you were facing an election in which there was a tie in the electoral vote and the popular vote margin was very close, I would expect almost all representatives to vote the party line.  In a situation in which there was a clear winner like this year's election, I would think that it would be hard for principled representatives of either party to go against the clear will of the majority of the voters.  I think most of the Republicans would vote for Biden, but there will certainly be some RINOs who are more concerned with power than what they party stands for who would vote for Trump.  We may get a chance to see if my hunch is correct if Trump can get a Representative and a Senator to challenge any of the returns in any of the close states.  Historically, only once has a Senator supported such a challenge, and the vote was lopsided with Democrats joining Republicans to reject a challenge to a Republican win.  I would hope Republicans would do the same now with the situation reversed.  

  • Anonymous
    2 months ago

    Because she`s just another brainless stupid trumptard.

  • 2 months ago

    Because she went to a crappy law school and does know her stuff

  • ?
    Lv 5
    2 months ago

    Congress can only decide an election if there is no clear winner that comes out of the convention of Electors, the only way this would happen is if several State Legislatures decide to break their own State's laws and send faithless electors to the convention of electors, if you think this is going to happen I have a bridge to sell you

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  • Stuart
    Lv 6
    2 months ago

    There are several reasons why the high court is unlikely to look kindly on the petition. The justices are disinclined to overrule state, rather than federal, courts. They are even more unlikely to disenfranchise millions of law-abiding voters. The challengers could have filed suit when the state law passed but waited a year, until their preferred presidential candidate was defeated, to take action

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