We find it no surprise that the United States Supreme Court declined to hear a lawsuit filed by 18 states contesting the Presidential election results in Georgia, Wisconsin, Michigan and Pennsylvania.
The court, in a brief unsigned order, said Texas lacked standing to pursue the case, saying it “has not demonstrated a judicially cognizable interest in the manner in which another state conducts its elections.”
No doubt, there are many legal arguments both for and against the Supreme Court hearing such lawsuits. But in reality, the Supreme Court justices were simply too cautious to step into the middle of such an election fray without overwhelming evidence of massive fraud.
The judicial branch of our government, in many ways, is the weakest branch. It has no enforcement or taxing powers. It is utterly dependent on the executive and legislative branch for its existence and protection. Its power comes from an institutional reputation for being above the fray. By appearing to be above politics, the court is able to solidify its power as a neutral interpreter and enforcer of the Constitution. The justices must be careful not to erode the source of the court’s power. It must pick its battles wisely. This one was too controversial to touch.
There is no doubt that increased mail and absentee voting increased voter fraud. Covid has disrupted many things. No election is perfect. But the powers that be at the local, state and federal level in all branches of government, did not find a sufficiently powerful argument to risk the huge disruption of overturning our time-proven electoral process. It was the right call.
