President Donald Trump’s effort to snatch a second term through a series of state and federal court challenges has been flaming out for weeks. Now, the calendar has all but extinguished it. Dec. 8 is the so-called “safe harbor” date for the presidential election, a milestone established in federal law for states to conclude any disputes over the results. Trump’s failure to gain traction in litigation, with his lawyers and allies failing to block crucial states from declaring Joe Biden the winner, means the safe harbor deadline stands as another potentially insurmountable reason for the courts to decline to intervene. Trump’s legal team publicly says the safe harbor deadline is meaningless and they’ll simply disregard it. Set by a 140-year-old statute, the date isn’t enshrined in the Constitution, they say. But the campaign’s legal filings tell another story, as Trump’s lawyers pressed courts for urgent action ahead of the deadline midnight on Tuesday and warned of irreparable consequences if they don’t. The last time a presidential election was resolved at the Supreme Court, the safe harbor deadline proved pivotal. 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.
National: Trump’s Challenges to Election Results Face End of the Legal Road | Brent Kimbrell and Deanna Paul/Wall Street Journal
A sweeping multistate legal effort by President Trump and his supporters to override President-elect Joe Biden’s victory has reached the end of the line, with losses in courts at all levels including the U.S. Supreme Court. In the five weeks since Election Day, the Trump campaign and other Republicans have lost at least 40 times in six pivotal states: Arizona, Georgia, Michigan, Nevada, Pennsylvania and Wisconsin. In several other cases, the campaign or allies withdrew claims after filing them. On Tuesday, the Supreme Court in a one-sentence order turned away a last-ditch effort by Pennsylvania Republicans to invalidate votes from the vote-by-mail system enacted by the state legislature last year. No justice noted a dissent to the order, which was released on the deadline for states to complete election results before the Electoral College meets and casts its vote on Dec. 14. Trump campaign lawyers promised to push forward. “The only fixed day in the U.S. Constitution is the inauguration of the president on January 20,” the Trump campaign’s legal team said. A handful of longshot election challenges remain, including an effort by Texas Republican Attorney General Ken Paxton to sue four battleground states directly in the Supreme Court. He will need the court’s permission to do so, and legal experts say the case has almost no chance at success. In a tweet Wednesday, Mr. Trump called the Paxton case “the big one” and said his campaign would seek to intervene. Dana Nessel, the Democratic attorney general of Michigan, said Mr. Paxton’s lawsuit was a publicity stunt that would fail.
Full Article: Trump’s Challenges to Election Results Face End of the Legal Road – WSJ
