Things are about to get a little crazy with the court battle over the election, and I just want to try to explain ahead of time what’s going on. This isn’t the type of post you’d normally find from me, but this information doesn’t seem to be getting a whole lot of news coverage, so I wanted to write something up to help give you a better idea of how you can be praying for the nation.
As we all know, Donald Trump has instigated numerous lawsuits to protest the election results. He hasn’t been very successful in the lawsuits alleging fraud, which constitute the bulk of the lawsuits that have been filed. Ultimately it’s easy to point out a lot of things that don’t quite make sense with the numbers, but it’s very hard to conclusively prove those abnormalities should result in a different election result.
Let me help illustrate what I mean. Any time there’s a national election, people go digging into the data to see what they should capitalize on for the next election. In this past election, Trump gained voters from just about every demographic compared to 2016. Nationwide, Joe Biden performed worse with minority voters than Hillary Clinton did in 2016 in every area except in the counties that contain Milwaukee Wisconsin, Detroit Michigan, Atlanta Georgia, and Philadelphia Pennsylvania. Okay, well that’s odd, even suspicious, but unless there’s some corresponding proof of illicit activity, it’s probably not going to be something that changes anything. Then you add in the fact that Joe Biden, a candidate that did almost no campaigning, got more votes than Barack Obama did in either of his presidential elections, even at the height of Obama-mania. Again, that’s something that raises eyebrows, but without more proof, it’s near impossible to overturn any results.
Well, now there’s something new afoot, and it’s something that has nothing to do with fraud. First we need some context. The U.S. Constitution lays out how the Electoral College system works. Interestingly, it doesn’t mandate elections as we know them. The Constitution says that each state will be allotted a certain amount of electoral votes based on its population, but the only real guidance it gives is to have the individual state legislatures write laws to determine how their respective states will award their electoral votes. (Think of a state legislature as that particular state’s version of Congress.)
Okay, well that sounds like a footnote we’ve probably forgotten from our high school Civics class. I think at this point all the states award their electoral votes based on the voting that takes place in their state, which keeps things simple enough. It’s one Federal election made up of 50+ smaller individual elections, and whoever gets to 270 electoral votes wins.
Now here’s where it gets interesting. Keep in mind that the U.S. Constitution grants the power to write election laws to the individual state legislatures. There are four states (Georgia, Pennsylvania, Wisconsin, and Michigan) which had late adjustments to their election law…but the laws were not changed by their states’ legislatures. They were changed by one of the executives (Governors, Secretaries of State, etc.) or by the state Supreme Courts. In other words, the election laws were changed illegally, and the elections in those states were carried out using the illegal instructions (the changes were mostly things that made it easier to cast votes without having to prove you’re eligible to vote, something that no party should endorse).
Now the state of Texas (later joined by over 15 additional states) brought a suit to the U.S. Supreme Court. That suit more or less points at those states and says “we want a ruling on what just happened, because if this is allowed to take place in any of our nation’s states, every election from here on out could have its rules changed by anyone and be a murky free-for-all.”
I’m not exactly sure of the legal terms here, but the Supreme Court is curious enough about this that it told the four states to respond with some additional information, and to do it by 3 pm today, December 10. The court is not obligated to take the case, but the information those four states provide will probably determine whether or not the court decides to hear it.
Where could this end up? That’s anybody’s guess. What you’ll likely hear on TV is that this is a waste of time, a publicity stunt, and is doomed to be a colossal failure. It’s always disconcerting to me when people describe complaints of unconstitutionality as a waste of time.
So here’s the deal. The Supreme Court, if it takes the case, will be willing to rule on the Constitutionality of the case, but it doesn’t want to be perceived as choosing sides in an election. What they will probably do instead is say “yeah, that’s definitely not how things should have gone.” Then the question will come up: “So…what happens to those four states’ electoral votes?” And the answer will come back: “Let the four states’ legislatures decide.”
Then it’s absolute panic time for like, everybody. There will be behind-the-scenes arm twisting for whoever controls those legislative bodies. There will be threats, bribes, and blackmail for many of the state representatives in those legislatures. Pray for them, because they’ll feel like the weight of the world is coming down on their shoulders. I have no idea what they’ll decide to do. If it was a close election in that state (most of them were), they might say “let’s split our electoral votes 50/50 and give half to each candidate.” Some might say “we’re giving all our votes to this guy” (meaning either Biden or Trump). If one candidate got 60% of the votes, maybe they’ll give him 60% of their electoral votes. They may totally pass the buck and say “You know what? We’re going to cobble together a do-over election.” I simply don’t know what will happen. Those are 62 electoral votes that will be dangling in an unprecedented situation, and everyone (lawyers, academics, talk show pundits, news anchors, Uncle Billy) is going to try to exert some kind of moral authority about what should happen when in reality, it’s completely up to the people in charge of those state legislatures, and nobody else.
During that whole time, the Trump team is going to try making a better case about the fraud they have evidence of. They’ll figure that they’ll be more successful at getting favorable decisions from the state legislatures if they make a compelling case in the court of public opinion. Since they don’t trust the major networks to provide coverage of their evidence, I’d look for a full-court press using any means possible to tilt public opinion in their favor.
If the Supreme Court takes this case, that scenario is where we’re likely headed. Is this crazy or what?!
Well, with that explanation, I ask that you spend continued time in prayer for our nation, because this could easily turn violent (not that I view the threat of violence as a reason to shy away, but by definition, when there’s violence, people get hurt or killed).
Stay safe, wash your hands, watch out for one another, and get on your knees!