Can President Trump win election challenges in court? Can Trump win the presidential election?

The lawyers television are debate the possibility of President Trump reversing his electoral fortune in court.

Those who they want Trump to win they tell the public they can win. Those who want to lose they assure the public that they don’t stand a chance.

the Grand Supreme Court Justice Oliver Wendell Holmes Jr. defined the role of lawyer as a prediction, in fact, of what the courts will decide.

Perhaps I win your legal challenge in Pennsylvania write on ballots sent before the end of polling day but received within three days.

Judge Samuel Alito, who oversees the federal judicial circuit that includes Pennsylvania, has previously pointed out the interest in the Supreme Court in this regard, by ordering that all these ballots be counted separately and separately. Although the Pennsylvania Secretary of State was apparently already doing this, Judge Alito’s order made it clear that there were at least a few other justices who might be willing to overrule those votes. based on article two of the Constitution.

Can President Trump win election challenges in court?

the article two establishes that legislatures each state must determine the rules for the selection of voters for the electoral college.

But it was the Supreme Court of Pennsylvaniaand not the legislature, which extended by three days the deadline for receiving and counting postal ballots. It may have been a wise move, especially in light of COVID-19 and mail delivery issues. But, according to President Trump’s lawyers

, the state Supreme Court simply did not have the constitutional power to change the legislative rule requiring ballots to be received before the end of polling day.

Twenty years ago, in the Bush vs. Gore case, a 5-4 majority voted, along strictly partisan lines, to stop the count ordered by the Florida Supreme Court. This decision was based, in part, on the Article II. It is therefore likely that an even more partisan current court will side with President Trump side in this problem.

Can Trump win the presidential election?

The question remains, however, whether a ruling in favor of President Trump on those disputed mail-in ballots, it would make a difference in the outcome of the Pennsylvania presidential recount. If former Vice President Joe Biden won the state by a higher margin than the contested votes, then a Trump’s Victoria

for reasons of Article II will be pyrrhic: The margin of biden win it would be less, but it would still win the state.

If the Supreme Court is unsure whether the decision to dismiss the contested votes will change the outcome, it may decline to intervene. There will also be Challenges in Nevada, Arizona, Georgia, Michigan, and maybe in others declares that biden narrowly won. These lawsuits will be even more difficult for Trump’s legal team.

The Pursuit in Pennsylvania it is a “blanket” challenge to a large number of votes counted in violation of state law. Since this assertion is based entirely on a question of constitutional law, it does not require any proof or trial. He was already before the High Court, which previously split 4-4 on the issue. All it takes now is more information and a constitutional decision.

The challenges in other states are “retail” in nature. They involve challenges to individual votes, specific practices and local rules. To win, they would require the presentation of evidence, which would likely be contested by the other party. These retail challenges will be complicated and take time. To win, they would also have to show that there were enough disputed votes to make a difference in the outcome of elections in a given state. It will not be easy to do.

At the end, so President Trump can reverse election results, you will have to prove that there was enough invalid votes in enough condition to give you the 270 electoral votes necessary for victory. Reverse results in any state, even in Pennsylvania, it will not accomplish that. You will need to show a difference in result in various states, this number depends on which states, if any, win in court and how many electoral votes they have.

It is a formidable, difficult and unprecedented challenge. In the Bush contra Gore case

, all George Bush had to do was include Florida in his “victory” column, and he was able to do so as a wholesale constitutional law issue rather than a retail evidence challenge. So the case Bush vs. Gore it constitutes an imperfect and partial precedent for current affairs.

Opinion article