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Publication Date

3-2023

Document Type

Article

Abstract

On December 12, 2020, Donald Trump tweeted:

The Supreme Court had ZERO interest in the merits of the greatest voter fraud ever perpetrated on the United States of America. All they were interested in is “standing[,]” which makes it very difficult for the President to present a case on the merits. 75,000,000 votes

President Trump’s outburst du jour came on the heels of a Supreme Court of the United States case filed in the wake of the 2020 presidential election. That case was brought by the State of Texas against four defendants—the Commonwealth of Pennsylvania and the States of Georgia, Michigan, and Wisconsin—and alleged that the defendants acted contrary to the manner in which their legislatures appointed electors by virtue of Article II, section 1, clause 2 of the United States Constitution. In a one-paragraph decision, the Court denied the State of Texas the ability to press their case against any of the defendants, concluding that “Texas has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections.”5 So ended the last, best legal challenge for President Trump to overturn the 2020 presidential election.

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