Commentary: How This Presidential Race Ends

by Judson Phillips

It is obvious the presidential drama is not going to be resolved until early December. There will be litigation and recounts and the real possibility that this election ends up in the Supreme Court.

The Democrats are trying to steal the election. It is blatant and they aren’t even trying to hide it. Ballots are being discovered late in important states where Democrats hold the governor’s office. Amazingly, these ballots are all seeming to break for Biden. In Pennsylvania and in Michigan, Republican poll watchers are being ejected or denied entry to observe the count.

Here is a question everyone is asking.

How will this end?

There are two potential ways this election could end. First, it will end before December 12, because that is the safe harbor date for electors. They must be selected by then.

Litigation has already started in several states. Those matters will be resolved quickly, then the Supreme Court will reach down and exercise jurisdiction to take the case quickly, because there is simply no time for the normal appellate process.

The exact legal issues that will end up on appeal and the roles of the parties (appellant or appellee) are still to be determined.

Unless Justice Amy Coney Barrett punts, as she did in her very first case, this should be a 6-3 majority for President Trump. We should all remember that Justice Barrett recused herself in the Pennsylvania case and it was deadlocked 4-4. The lower court case that allowed the Democrats to try to steal this election was the final word on the case, because Chief Justice John Roberts joined the liberals.

There is a better way for this to end. It is strictly constitutional and hopefully the Trump team is already working this.

Article Two, Section One of the United States Constitution is very specific. Each state’s legislature has the absolute right to select the state’s electors. This very issue was addressed in the 2000 case Bush v. Gore. The Supreme Court stated:

“The State, of course, after granting the franchise in the special context of Article II, can take back the power to appoint electors. (“[T]here is no doubt of the right of the legislature to resume the power at any time, for it can neither be taken away nor abdicated”)

The Supreme Court made is absolutely as plain as day, perhaps hoping to avoid another case like Bush v. Gore.

Hopefully the Trump team and grassroots activists are contacting their representatives in Wisconsin, Michigan, Pennsylvania, North Carolina, Georgia and Arizona, telling their legislators to put an end to this electoral fraud nightmare and reclaim the legislature’s power to appoint the electors.

And one fact worth mentioning is that every one of those states has a Republican controlled legislature.

If all of those state legislatures selected their electors and presumably, these would be the Republican legislators, President Trump would have 304 electoral votes and would be reelected.

Sadly, many Republican elected officials, who cheered President Trump when they needed him, are silent now. This is the time where grassroots activists need to contact their state legislators and let them know. This is the Constitutional way to resolve this nightmare the Democrats have pushed on us.

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Judson Phillips is a long time conservative pundit and founder of Tea Party Nation.