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Joe Biden’s supporters took to the streets on the afternoon of November 7 – Photo: AFP
Attorney Anne E. Deysine, professor emeritus at the University of Paris Nanterre (France), commented that strongly criticizing the Democrats for fraudulent votes and filing a lawsuit before the Federal Supreme Court shows that Trum lacks understanding of the American judicial system.
Jurisdiction begins in state courts
Except for interstate disputes, the United States Federal Supreme Court is not the first instance. As a result, Trump cannot directly sue the Federal Supreme Court.
The Federal Supreme Court is the appellate level, and only makes final judgments on disputes that have been passed in federal or state courts.
The Constitution of the United States gives state governments the task of organizing elections. The state is the decision-making level for the number of polling places, the number of early voting days, and the time limit for counting.
In other words, electoral law is state law, so the law varies from state to state, even county to county.
In principle, electoral disputes should start from the state court, first the trial court, then the appellate level, and then the state supreme court.
However, the dispute can still be started in federal court or referred to federal court if a “federal problem” arises.
For a case to be under federal jurisdiction, a “federal issue”, a matter related to the constitution or federal law, must occur and the Federal Supreme Court agrees to accept it.
Donald Trump supporters in Pennsylvania are not happy – Photo: AFP
Rarely will the Federal Supreme Court accept
Honorary Professor John E. Finn of Wesleyan University (USA) said that the US Federal Supreme Court did not interfere in the vast majority of disputes in the elections.
Only twice so far the Federal Supreme Court has ruled on the presidential elections. The first time was in 1876 and the second in 2000.
In 2000, Mr. George W. Bush (Republican Party) faced candidate Al Gore (Democratic Party). On the night of 7-11, neither party was able to declare victory due to the narrow results in Florida (25 voters).
After the first recount, Bush was ahead of only 1,784 votes (out of 5.6 million votes). Al Gore’s team proposes to recount in Florida.
On November 10, the gap narrowed to 328 votes. On November 16, after the two-day participation deadline, the Florida Supreme Court allowed a higher vote count.
Ten days later, the head of the Florida electoral board announced that Bush had won with 537 best results (0.009% of the vote).
In early December 2000, the Florida Supreme Court requested a recount. However, the ruling was suspended because the Bush faction sued the federal Supreme Court.
On 12-12, the Federal Supreme Court ruled (5 votes in favor, 4 votes against) that the Florida court declared the sentence unconstitutional by recount after the legal deadline.
Furthermore, the ruling goes against the 14th Amendment (which guarantees that all citizens are respected for their rights and are treated equally by the law).
So it was recognized that George W. Bush was elected president more than a month after Election Day.
President Trump shakes hands with Chief Justice John Roberts (right) in his 2017 Federal Message Address – Photo: GETTY IMAGES
Trump lacks a solid legal foundation
Attorney Anne E. Deysine noted that Trump announced that there would be reactions in the states that could skew the balance of the elections, demanding to stop counting the votes to send observers while there were observers from the Party. Republic at polling stations (as in Michigan state).
For Clark County, Nevada, he wanted access to the voting machine software, but it was rejected twice.
To sue requires specific evidence (human error or software error) and a solid legal basis.
However, in the legal actions that Trump has taken or threatened to implement, the evidence does not exist or is uncertain, making it difficult to succeed.
For example, when he proposed to count the votes in Wisconsin, Georgia, or Pennsylvania, Trump knew it could only be done once the election results were confirmed.
Also, this is highly unlikely to change the bottom line, as past counts have shown that errors are rare, a few hundred votes at most, and never affect the result. the final result.
According to attorney Anne E. Deysine, it was important for Trump to ask for the vote recount just to boost his team’s morale.
