December 10, 2020 – I do first note the irony of the headline since stating “Biden’s chances of ‘winning’ are fading” mirrors an opposite view tendered by the mass-media that Trump’s second term is without hope. It’s well established left-leaning corporate mainstream media like ABC, CBS, NBC, the New York Times, and the Washington Post are simply a protection racket for the Democrats; so we know the means of how Bidenistas are compelled to a false sense of security as to the outcome by their dubious reporting.
The Texas suit against the various swing states where irregularities were commonplace is rock solid. Here’s the reality. A cursory glance at the Texas lawsuit before the bar of Supreme Court of the U.S. reveals that the chief challenge comes down to the arbitrariness of various Boards of Election in swing states arbitrarily changing rules, deadline dates for acceptance of ballots, and so on, all of which made the irregularities and perceived fraud that the GOP laments possible. When it comes to adjudicating this rule, acknowledging Democrats will be partisan enough to deny the rule, it could still be said Trump safely has a 5-4 majority on his side, and it could end up being 6-3 advantage with Chief Justice Roberts. It’s a well-established legal axiom that the legislative authority cannot be usurped and Covid became the backdrop for these arbitrary rule changes. With the past as prologue, Gorsuch and Barrett have adjudicated election fraud cases and would seem partial to my interpretation here.
The chances of the election going, either way, are well into the double-digit percentage now as a result. Trump is fast lapsing as his role as an underdog.
The other thing is people are incredibly misled by media headlines. The mass media is biased. They love to salt their reporting with negative news for Trump to the point of misrepresenting reality. A case in point is that the GOP legal team filed an application emergency injunctive relief for the courts to take action now, and that request was shot down, however, the reality is a lawsuit is still in play to go to the Supreme Court of the U.S., and the motion for emergency injunctive relief was but a part and parcel of a singular lawsuit. The GOP legal strategy plainly hedged on getting multiple appeals filed to SCOTUS with a shotgun approach. The GOP legal challenges reflected myriad contingent strategies from federal Article II to Amd. XIV ‘equal protection’ challenges. The Texas case represents the refinement of the legal strategy, and as a matter of judicial economy, it will be the flagship case now.
The Texas legislative rule case which seventeen states have joined is by far the strongest as states have standing to sue another state in SCOTUS as the court of original jurisdiction.
The other thing is that access to the Supreme Court is controlled by the conservative majority Supreme Court Justices themselves, and the conservative justices control docket access for all of the U.S. Court of Appeals’ circuits that are pertinent to the swing states. There seems to be the smugness on the part of Bidenistas that they know the mind of conservative Justices better than they know themselves. The GOP strategy was deliberate to get their appeal to SCOTUS, even testing the waters.
Donald Trump frankly has as much in his favor when it comes to obtaining a second term in spite of being the underdog right as Biden thinks he has perched on his pretense to be President-Elect. I am willing to bet evidence of fraud will be presented in the Texas suit, but the suit’s key question doesn’t hang on fraud, rather the legal rule related to Election Boards usurping legislative authority. Arizona, Nevada, Michigan, Georgia, Pennsylvania, and Wisconsin are all in play. The margins are narrow in some states too.
Even the late Justice Ginsburg too acknowledged in the year 2000 that the most definitive date as to the election outcome is January 6th not the Safe Harbor deadline date nor when the Electoral College convenes Monday, December 14th. The process could go either way, whether we rely on the Electoral College or contingent election in January per the Constitution depending on ensuing events.