Saturday, 5 December 2020

Trump's Legal Strategy: Winning By Losing

A couple of days ago, I had reported that even before the partial recount in Wisconsin was completed, the frivolous lawsuits were flying in fast and furious.

In the short time since then, Trump has managed to add to his legal losses. On Thursday, the Wisconsin Supreme Court chose not to accept Trump's case on a 4-3 basis, because state law requires for his legal team to have filed the lawsuit in circuit court first. Even before ink was dry, Trump had filed appeals in both Milwaukee and Dane Counties.

What was disconcerting about the decision was not just that three of the four conservative judges had chosen to disregard the law and the constitution, but their irrational reasoning behind their decision. In her dissent, Justice Rebecca Bradley, a Federalist disguised as a Supreme Court Justice, wrote this:

In a separate, scorching dissent, Justice Rebecca Bradley maintained that leaving legal questions to the Elections Commission "deals a death blow to democracy."

"The majority's failure to act leaves an indelible stain on our most recent election," she wrote in a dissent that Roggensack and Ziegler joined.

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