Trump admits it’s ‘hard to get to the Supreme Court’ as he battles to overturn key state election results

‘I’ve got the best Supreme Court advocates … lawyers that want to argue the case if it gets there,’ Mr Trump says

Danielle Zoellner
New York
Sunday 29 November 2020 17:57 GMT
Trump admits it will be hard to get case in Supreme Court

Donald Trump and his legal team have explored several legal avenues to overturn election results in several battleground states, specifically Pennsylvania.

One of the last resorts the campaign could turn to would be to bring one, or multiple, cases before the Supreme Court, the highest court in the land, to appeal past federal and state court rulings. But Mr Trump admitted in a phone interview on Fox News on Sunday that the likelihood of getting a case before the Supreme Court might be difficult.

“The problem is it’s hard to get into the Supreme Court,” he told Fox News presenter Maria Bartiromo.

“I’ve got the best Supreme Court advocates … lawyers that want to argue the case if it gets there. But they said it’s very hard to get a case up there,” he added.

Mr Trump expressed surprise that he might face hurdles to get any of his lawsuits before the Supreme Court despite being the president of the United States.

“Can you imagine? Donald Trump, president of the United States, files a case and I probably can’t get a case … and we have tremendous proof … we have hundreds of hundreds of affidavits, sworn affidavits. And it’s very hard to get a case to the Supreme Court,” he said.

Over and over again Mr Trump has complained of massive voter fraud in states that he lost during the 2020 election, with Pennsylvania a big focus of his complaints. But his team has yet to provide enough proof in court of voter fraud that would overturn the results.

President-elect Joe Biden was the projected winner of the commonwealth, which would give him 20 Electoral College votes, after he received more than 80,000 votes over the sitting president.

This hasn’t stopped the Trump campaign and members of the Republican Party from filing several lawsuits in Pennsylvania in an attempt to halt the certification of the election results. 

The Pennsylvania Supreme Court dismissed a lawsuit on Saturday put forth by Republican Representative Mike Kelly and other members of his party. The lawsuit was the latest attempt to stop the certification of the election results, which the state Supreme Court ruled against.

“I thought that Mike Kelly, congressman … I thought they had a good case and it’s thrown out the other day. Now they will appeal it, I hope, to the Supreme Court … you have to appeal it,” Mr Trump said about the case. 

The court was unanimous in its decision to refuse to block vote certification. "It is beyond cavil that Petitioners failed to act with due diligence in presenting the instant claim," the court wrote in its majority opinion, adding Republicans would be unable to reconfigure their case and appeal. 

Additionally, a three-judge panel with the 3rd US Circuit Court of Appeals in Philadelphia unanimously rejected the Trump campaign’s bid to overturn a lower court's ruling that would stop votes from being certified in the commonwealth.

Mr Trump’s lawyer Jenna Ellis said in a tweet on Friday that the campaign would attempt to take the case to the US Supreme Court, but whether the court would actually hear their appeal remains unknown. 

The avenues for legal appealing of the election results have quickly diminished for the Trump campaign, leaving the sitting president with few options. But, despite it becoming clearer and clearer each day that Joe Biden will be the 46th president of the United States, Mr Trump has yet to concede. 

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