UPDATE, 6:13 AM PT: President Donald Trump continued to rail against the Supreme Court’s rejection of a Texas lawsuit that sought to overturn the election results in favor of Joe Biden in four states.
“WE HAVE JUST BEGUN TO FIGHT!!!” Trump tweeted.
But he, his campaign and his supporters have all but run out of legal options. The high court decision was one of dozens of losses they have suffered in court, albeit they have used the election challenge to raise hundreds of million of dollars.
Twitter continued to flag some of Trump’s tweets claiming that he won the election, including one in which he said that he won in a “landslide.”
He also tweeted out a clip of his press secretary, Kayleigh McEnany, who has been in a dual role as a government employee and as a spokesperson for the campaign.
“Yeah there’s no way to say it other than they dodged,” McEnany said on Sean Hannity’s Fox News show. “They dodged. They hid behind procedure and they refused to use their authority to enforce the constitution.”
But the court challenge was a long shot and, to many legal experts, disconcerting in that it amounted to one state asking the court to invalidate the votes of four other states. The Supreme Court reported no dissents in rejecting the case, although Justices Samuel Alito and Clarence Thomas said that they would have allowed the lawsuit to move forward but would not grant other relief.
Meanwhile, Republicans for the Rule of Law said that they planned to begin airing a new ad on Fox News and Newsmax warning viewers to not get fooled by Donald Trump’s “post-election scam.”
PREVIOUSLY: The Supreme Court tossed out a suit filed by the attorney general of Texas and backed by President Donald Trump that sought to throw out the results of the election in four states that went for Joe Biden.
Trump had pinned his hopes on the court taking the case, even though legal experts were certain that the justices would reject the effort. Nevertheless, more than 100 Republican House members joined a brief supporting the lawsuit, even though it sought to overturn the will of voters in Georgia, Michigan, Pennsylvania and Wisconsin.
The court ruled that the state of Texas “has not demonstrated a judicially cognizable interest in the manner in which another State conducts its elections.”
UPDATE: Late Friday, President Trump tweeted his disappointment at the ruling.
The Supreme Court really let us down. No Wisdom, No Courage!
— Donald J. Trump (@realDonaldTrump) December 12, 2020
Attorneys general in Georgia, Michigan, Pennsylvania and Wisconsin, all of which urged the court to reject the case.
The court did not announce any dissents to their ruling. Justice Samuel Alito, joined by Clarence Thomas, said that they would have allowed the case to be filed, but would not grant other relief.
“In my view, we do not have discretion to deny the filing of a bill of complaint in a case that falls within our original jurisdiction,” Alito said in the Supreme Court’s order. “I would therefore grant the motion to file the bill of complaint but would not grant other relief, and I express no view on any other issue.”
Earlier on Friday, Trump urged and tried to pressure the court to take up the matter, writing, “If the Supreme Court shows great Wisdom and Courage, the American People will win perhaps the most important case in history, and our Electoral Process will be respected again.”
But Trump’s team and his supporters have lost dozens of cases challenging the election results. On Monday, the Electoral College will meet to cast ballots in the election, which in past years has been a formality. Biden won the electoral vote, 306-232.
Around the time that the court issued its order rejecting the case, Trump tweeted out a post-election campaign ad that claimed widespread fraud, but Twitter quickly flagged the post.
The Supreme Court earlier this week rejected another challenge, brought by Republican lawmakers from Pennsylvania, seeking to overturn the state’s certification of the results.
The legal theory behind the case was the subject of harsh criticism, as even some Senate Republicans questioned the practicality of one state suing to stop other states from carrying out their elections.
“Every American who cares about the rule of law should take comfort that the Supreme Court — including all three of President Trump’s picks — closed the book on the nonsense,” Sen. Ben Sasse (R-NE) said in a statement.
Chapman University in Orange County even distanced itself from one of its faculty members, John Eastman, who represented Trump in a filing urging the court to take the case.