Today, I celebrate Joe Biden’s victory. At the same time, I remain concerned about President Trump’s refusal to concede the election and his ongoing attack on the integrity of the election. As an attorney, I’m angry about the President’s misuse of the court, and I’m sober about his prospects of winning before a lopsided Supreme Court. Trump is still trying to overthrow our democracy.
What this election has shown us is that even in an era of stark division, Americans agree on one thing: Democracy. Both sides turned out because they were told that democracy was at stake.
Democracy is America’s legacy. To be undemocratic is to be unAmerican. Our most cherished values, the very heart of our nation, the Constitution, and the American way of life are all threatened by an anti-democratic and authoritarian Administration. We must defend the Constitution and fight for democracy if we want to live in a free country.
We must make clear that the American people will not accept a ruling that overturns the will of the American people.
Trump is refusing to honor the results. He continues to disseminate disinformation questioning the legitimacy of the vote. He plans to appeal to the Supreme Court in the expectation that it will rule in his favor.
This was his strategy all along. That’s why he spread disinformation about mail-in-ballots. We knew he would do this.
He had already refused to commit to a peaceful transition of power. Even before the election, he implied that he may refuse to concede the election and hinted that if he won he would run for a third term in violation of the Constitution. He committed to contesting every ballot if the election didn’t go his way.
Trump is amplifying false claims about the election to cast doubt on the results in order to set up court challenges. We must resist his attempt to overturn the results. We must reject the overthrow of our democracy through the Supreme Court.
One of the first things they teach you in Constitutional Law class in law school is that the Supreme Court is a political body. The Justices are human beings who have the same political values and beliefs as the rest of us. The cases that come before the court are often politically charged and judges have opinions and loyalties just like everyone else.
The Supreme Court is not an unbiased institution. It handed George W. Bush the presidency on a party-line vote. Justice Amy Coney Barrett’s confirmation means that the Republicans have a decisive 6-3 majority on the court, three of whom are Trump appointees. Trump has already made clear he wants the Supreme Court to decide this election.
I’m not saying Trump will succeed. What I’m saying is this is not over. If Trump appeals anything of significance to the Supreme Court, he will have a chance of winning.
The illegitimate appointment of Justice Barrett has created a lopsided court that could rule in Trump’s favor. We cannot rely on the Supreme Court to uphold the Constitution or to protect democracy. We must fight for democracy and defend the Constitution ourselves.
We must reject Trump’s use of the Supreme Court to overturn the results. We must resist his abuse of the Court. We must make clear that the American people will not accept a ruling that overturns the will of the American people.