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Meanwhile, a coalition of other GOP-controlled, Missouri-led states were preparing to file their own amicus brief with similar arguments, according to Trump’s attorney Jay Sekulow.
Sekulow has suggested that many states will argue that their interests are affected by the outcome of the Pennsylvania struggle and other election-related disputes because wrongdoing in any one state dilutes the votes of voters in other states.
“These other states are affected by what happens in Pennsylvania if there are in fact things that have happened in Pennsylvania that are inappropriate, that are illegal – are breaking the law, voters in those other states.” . end up having their votes. depressed, ”Sekulow said on his daily webcast and radio show.
Sekulow also urged the president’s allies to be patient as his legal team seeks to coordinate prosecutions in various states. So far, the lawsuits appear unable to reverse the important leads President-elect Joe Biden has laid in key battlefield states such as Pennsylvania, Arizona, Wisconsin and elsewhere.
Sekulow appeared to admit that Trump’s legal team faces an uphill battle.
“I understand the anxiety and the frustration, but there won’t be any decisions that will come in the next two or three days that somehow end or reverse that. The voters did not meet. The Electoral College did not meet, ”Sekulow said on“ Jay Sekulow Live, ”which is produced by the American Center for Law and Justice.
“There are going to be… more lawsuits filed in the next few days. It could be the end of the week for some of them, ”said the lawyer and frequently litigant for the Supreme Court. “I have to tell everyone this: that it is not a simple task. It’s a tall order … it would be a miracle in a way because everything has to line up, but you don’t stop fighting until there is a point when the courts do come to a decision. against you. That’s it. We respect the rule of law. “
Addressing the prospect of the litigation reversing the outcome in favor of Biden, Sekulow was wary: “You have to line up a lot of dominoes, like we say, you’d have to be headed in the right direction for that to happen.”
A spokesman for Missouri Attorney General Eric Schmitt did not immediately respond to a message asking for comment on the upcoming filing. However, Schmitt and other Republican attorneys general have scheduled a press conference for 2:30 p.m. Eastern time to discuss what they called a “major lawsuit” related to the Pennsylvania case. .
The number of late ballots in Pennsylvania – those postmarked on election day but received between the close of polls and Friday, as well as those received during this period without postmark unless a preponderance no evidence indicates they were sent after Nov. 3 – unlikely to influence the end result in Keystone State. Pennsylvania officials had already started canceling those ballots, even before Judge Samuel Alito ordered them to do so on Friday. Biden currently has over 45,000 votes ahead.
Yost’s depot was also careful not to endorse the president’s team allegations of widespread voter fraud, or that ballots that arrive after election day should not be counted. Ohio, in fact, allows the counting of postmarked ballots on the Monday before election day and received after the fact.
Instead, Yost’s brief embraces the so-called independent legislature theory, which argues that state legislatures have the power to dictate election laws in states, and that there has been significant judicial excess. when the courts decide otherwise.
This argument was perhaps most famous in the concurring opinion of then-Chief Justice William Rehnquist in Bush v. To the top, the fight against the Supreme Court which effectively ruled the 2000 presidential election. Four current judges have either categorically endorsed or signaled some level of support for Rehnquist’s theory: Clarence Thomas (who endorsed the concurring opinion original by Rehnquist), Brett Kavanaugh, Neil Gorsuch and Alito.
“Ohio’s interest in this matter has nothing to do with any abstract concern about the count of ballots received after election day,” Yost wrote. “Ohio is interested in this matter because the overthrow is crucial to protect the constitutional division of authority over state election laws.”
A prominent electoral law expert questioned Sekulow’s statement that the results in Pennsylvania and the way that state selects its voters has an impact on other states.
“I don’t even understand the concept here,” said Rick Hasen, Irvine law professor at the University of California. “Each state has its own way of choosing its own voters. Even though Pennsylvania has been reversed, it has no effect on electoral votes in other states.
Sekulow did not predict victory in the legal battle over the election, but said he expected the Supreme Court to end up being the arbiter of Trump’s re-election or defeat.
“This is the very beginning of it, well at the beginning,” Trump’s lawyer said. “The final decision on this, I don’t believe, is going to be made by the Supreme Court of Pennsylvania, the Supreme Court of New Mexico, or Arizona, for that matter, or the Supreme Court of Wisconsin or Michigan. I think the ultimate decisions will be made here at the Supreme Court of the United States. I think that’s the end result of where it goes. “
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