November 23, 2020

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How the Supreme Court Could Settle the Election So No One Wins

How the Supreme Court Could Settle the Election So No One Wins

If you’re a Supreme Court justice, you what’s coming. You’re going to be asked to decide a case that will likely result in massive social upheaval. It’s possible a majority of the court will try to find a way to deliver justice without rising mass rioting by leftists.

Note that this is not my preferred result. But it’s better than the nightmare scenario of a packed court and two new all-Democrat states. Let’s call this the Bad Dream Scenario.

Issue: Was the Election a Fraud?

President Trump and other independent litigants will soon ask the Supreme Court to invalidate state elections because of massive fraud. We’ll call these parties “plaintiffs.”


Meanwhile, half the country is convinced Trump’s opponent won the election legitimately, even if they believe the opponent won by cheating. (To Democrats, it’s okay to cheat for what they consider a good cause. Cheating is legit in their minds.) We’ll call everyone who wants to Joe Biden sworn in “respondents.”

The plaintiffs seem to have a strong case this election saw more fraud than any presidential election since 1960, at least. There may be enough provable fraud to reverse the results in several states, tipping the electoral victory to Trump.

The respondents make two arguments simultaneously:

  1. There was zero fraud in this election (which no one believes, not even the respondents.)
  2. Even fi their were fraud, that’s no reason to overturn the opinion of the Associate Press.

An implied, third argument from the respondents: If Biden is not sworn in, we will burn this b***h to the ground.


Let’s assume that the plaintiffs proves this through a preponderance of the evidence: Biden’s margin of victory in at least five states was the result of fraud. And let’s say the Supreme Court agrees.

What do they do?

My guess is that, even if all nine justices agreed that the plaintiffs had proven their case, they would not overrule the Associated Press. Instead, they will look for a reason to get themselves out of it while promoting justice.

How do they do that?

What Would Solomon Do?

In this scenario, Chief Justice Roberts would write an opinion with a rib-splitting twist. Just like the first Obamacare decision.

Sparing all the legal jargon and setup, the opinion would boil down to this:

  1. The evidence proved that in these five states, Biden’s margin of victory was the result of fraud committed by both operatives on the ground and computer operators.
  2. If fraudulent votes for Biden were discounted and fraudulently rejected votes for Trump were counted, President Trump won the electors in each state.
  3. However, none of the parties involved have standing to bring this case.
  4. The Constitution gives sole power to establish methods for choosing electors to state legislatures. Those legislatures alone have standing to challenge the results certified by the state’s officers charged with executing the legislature’s will.
  5. Therefore, the results of each state stand pending action by parties with legal standing.

Maybe the state legislatures would pick up the cases and return to the Supreme Court. (I doubt it.) But this Solomonic decision would spare the Court blame for riots while forcing the states and the Department of Justice to clean up the broken election security systems.

Plus, Joe Biden would be forever known as the guy who stole the White House. Not good for his brand or the party’s.

But there’s something else it would do.

Control of the Senate

This ruling would probably preserve the Senate in Republican hands.

By finding that Georgia’s election was pure fraud, the state would likely postpone the Senate runoff races until their ample problems are fixed. The states’s effete Republicans might grow spines (and other equipment) and tell Stacey Abram to bugger off, as they should have last summer. They could ban mail-in voting, repudiate all “agreements” by the Secretary of State to waive ballot validations, and legislate draconian criminal punishments for any public official who defies or modifies the the will of the legislature.

Preserving the Senate would stave off a complete disaster. We’d still have a massive economic depression, millions of refugees who want to kill us all, and forced abortions. But those things could be remedied in a future election.

Again, this is not my preferred scenario. I’d prefer that the legislatures, who definitely have standing, do their jobs and sue their own state officials. We can weather the storm of riots from the AP’s hooligans. We cannot weather the storm of Democrats controlling the White House and the whole of Congress.

America Is Down to it’s Last Chance

If this election stands, there will never be another meaningful election again. Democrats won’t stop cheating just because Trump isn’t on the ballot.