![]() Gore, the justices seemed to acknowledge that the date wasn’t a drop-dead deadline, but they said the will of the Florida Legislature to avail the state of the safe harbor provision could not be frustrated by conflicting orders from the state’s courts. Subscribe on Apple Podcasts | Subscribe on Google Podcasts ![]() 14, when the Electoral College is set to cast the formal vote for president. Legal experts emphasized that it’s far from an expiration date on Trump’s legal challenges, and some are likely to linger, at least until Dec. The safe harbor deadline is actually more of a legal jumble than it would appear. Bush appointee Timothy Batten, threw out a lawsuit brought by GOP electors - represented by Trump ally Sidney Powell - from the bench on Monday, underscoring the flimsiness of the case they brought. “This case represents well the phrase: ‘This ship has sailed.’”Īnd a federal judge in Georgia, George W. “The Governor has sent the slate of Presidential Electors to the Archivist of the United States to confirm the votes for the successful candidate,” wrote Parker, an appointee of President Barack Obama. 23, two days before the suit she ruled on was filed. ![]() In Monday’s opinion, Parker mentioned the looming safe-harbor deadline and said she was unwilling to overturn a certification already signed back on Nov. “The people have spoken,” Judge Linda Parker, a federal jurist from the Eastern District of Michigan, wrote in a Monday ruling that stung Trump allies for failing at multiple levels to present a legitimate case for overturning the election results. These developments have all underscored a reality that seems to be sinking in inside Trump’s orbit: It’s over. And many of Trump’s own aides have begun looking past his presidency and toward a post-Trump Washington. Judges appointed by presidents of both parties have skewered Trump’s legal rationale, and state legislative leaders, including Republicans, have disavowed Trump’s attempts to overturn the election results. His top legal surrogate, Rudy Giuliani, has been hospitalized with Covid-19. The shift to this similarly quixotic effort arrives amid an increasingly dire set of circumstances for Trump. Trump has largely turned his attention away from the legal process and toward a political push to pressure Republican allies in state houses and Congress to subvert Biden’s victory. In the meantime, Trump’s allies have increasingly acknowledged their losing legal hand. At the moment, though, the justices have before them only a couple of election challenges stemming from Pennsylvania, with mere suggestions that cases from other states will make their way to the high court. Trump keeps vowing that he intends to take his legal battle to the Supreme Court, but with the key date arriving Tuesday he has yet to present to the justices a series of cases he insists could swing enough electoral votes to hand him the election. ![]() That’s in part because states whose results haven’t been certified by Tuesday risk having Congress disregard their electoral votes. “In light of the inevitable legal challenges and ensuing appeals to the Supreme Court of Florida and petitions for certiorari to this Court, the entire recounting process could not possibly be completed by that date,” the high court wrote in its unsigned decision that closed the books on the 2000 election.Īs Trump attempts to bludgeon his way to a second term, judges and lawyers for both sides have also treated the safe-harbor deadline as a cause for urgency. Gregory Rohl, lawyer working with Sidney Powell on Trump’s behalf “I am prepared to proceed forward and can assure all voters of our steadfast determination to maintain the integrity of our democratic process no matter what corruption attempts to taint it.” The justices heard arguments the day before it and decided on the very day, which was established in an 1887 statute intended to prevent uncertainty about the winner of the presidential election. Gore case seemed driven by the safe-harbor date. Indeed, the very timing of the high court’s hasty resolution of the Bush v. “That’s why there was no remand to give Florida another chance at recounting.” “The majority treated the safe harbor very seriously,” Ohio State University law professor Ned Foley said. Bush and Al Gore, as the court’s majority essentially awarded the presidency to Bush, the justices cited the looming deadline as a reason Florida could not initiate a new, manual recount. And several legal actions seem to be hurtling toward a potential resolution on Tuesday - including a Pennsylvania dispute where Justice Samuel Alito initially asked for responses by Wednesday but decided to expedite further to Tuesday amid speculation about the safe harbor deadline.ĭuring the 2000 dispute between George W. The last time a presidential election was resolved at the Supreme Court, the safe harbor deadline proved pivotal.
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