When Courts Refuse to Intervene in Election Disputes…

You could see the turmoil on U.S. Senate Majority Leader Mitch McConnell, R-KY, face as he criticized fellow Republicans.

He said he could not support overruling the Congressional count of state Presidential electors at Wednesday’s Joint Committee of Congress because “If we overrule them, it would damage our republic forever.”

He said he couldn’t justify such damage when “dozens of lawsuits received hearings in courtrooms across our country. But over and over, the courts rejected these claims.”

Courts played a central role in creating the election crisis and exacerbated it by refusing to get involved.

Despite McConnell’s hesitancy, some 100 GOP members of the U.S. House of Representatives and a half dozen dozen members of the U.S. Senate stepped up to oppose certification of the electors in a handful of swing states.

Among other things, they cited new election rules approved by partisan courts shortly before (or even during) the election. They said these judicially sanctioned rules set new election dates and procedures that invited fraud and chaos. They alleged the judicially-sanctioned rules violate the U.S. Constitution, which assigns exclusively to state legislatures the responsibility for elections.

The issue appears to be tailor made for the U.S. Supreme Court but the Court has refused to get involved.

On Monday, a Democrat-appointed federal judge threatened an appellate attorney with sanctions for even raising questions about the Constitutionality of non-legislatively sanctioned election rules.

It is true the dozens of courts rejected claims of election fraud but this is not the equivalent of vindicating the integrity of the election. Many courts were overtly partisan. Others couldn’t wait to drop a hot potato on technical grounds. Some courts were frightened by a fierce and concerted campaign of intimidation conducted on social and legacy media against anyone who questioned the election results.

Of course, there is a lot of blame to go around.

The Congressional hearing record grew fat Wednesday with statistical analyses, affidavits and other evidence of gross and widespread voter fraud that was not investigated by the FBI. Again, why didn’t the FBI investigate?

At a rally across town, President Donald J. Trump’s attorney Rudy Giuliani exclaimed: “The Democrats and their allies have not allowed us to see one machine or one paper ballot…. If they ran such a clean election why wouldn’t they make all the machines available immediately.”

Who hides evidence, he asked? “Criminals hide evidence.”

Meanwhile, protesters climbed the steps of Congress to protest fraud in the election and breached the well of the chambers, stopping the proceedings.

Go Away?

Clearly, tens of millions of Americans are profoundly distressed by what they perceive to be calculated and widespread voter fraud leading to the election of a guy who couldn’t attract more than 15 cars at a pre-election rally.

A survey of 1000 likely U.S. voters released by Rasmussen Reports Wednesday found 73% of GOP voters and 21% of Democrat voters supported the Senate effort to challenge the “election” of Democrat Joe Biden. (The margin of sampling error was +/- 3 percentage points with a 95% level of confidence.)

Is it realistic for Democrats and McConnell to expect that half of American voters will meekly accept a candidate whom they believe was fraudulently elected?

Democrats and the media can call Trump and his followers racist and stupid rednecks. But many are simply average Americans who care about one person/ one vote.

Clearly, everyone who is concerned about Biden’s “election” is not a Trump supporter. They are Democrats, Independents, and Republicans who care about the future of American Democracy.

There was no one on the steps of the U.S. Supreme Court building on Wednesday because the Court shut its door weeks ago. That’s nothing to celebrate. A well reasoned decision from the nation’s high court might well have averted the unseemly debacle that occurred In Congress on Wednesday.

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