For more than six weeks, President Donald Trump and his allies have waged a mendacious campaign to overturn the results of the election. Much of that campaign has hinged on the idea that the courts could, should, and would deliver the election to him despite the vote tallies after Election Day. But last week, in state capitals across the country, members of the electoral college met to cast their votes for President, and every single one of those electors corresponded to the winner of their state’s popular vote. Despite more than 60 lawsuits, hundreds of tweets, and a parade of made-for-TV “hearings” on supposed fraud, the president failed to persuade any court to reverse any result. To the contrary, the courts smoked out the campaign’s bogus claims of fraud by challenging the president and his allies to prove their allegations, which they failed, repeatedly to do. For many people, this looks like a triumph for the rule of law and a vindication of our judicial system as a safeguard of democracy. That reaction is naïve. The system does not deserve the credit. It was easy for judges to stay out of the way—and hard for them to get in the way—when the margin of victory was so clear and the claims of fraud so transparently false. The election was well beyond the margin of litigation, to use Rick Hasen’s useful phrase. Instead, a closer look at this cycle of election litigation paints a much more ominous picture, showing just how close our democracy is to failing. Over the past year, fringe legal theories that could upend future elections have moved to the mainstream. The courts have turned even more hostile to voting rights, standing in the way of even modest accommodations for voters. The president’s post-election litigation has crashed and burned, but it has reinforced the pernicious idea, born from Bush v. Gore, that it is appropriate for courts to step in and second-guess results after the ballots are counted. Our electoral system is a rickety old construction; there’s every reason to believe it could buckle when, inevitably, the votes in a future election are not so lopsided.
Full Article: The System Is Not Working: The Lopsided Election Result, Not The Courts, Saved Our Democracy - Just Security