Skip to content
Search

Latest Stories

Top Stories

The tiniest thread of hope for Trump gets into the Supreme Court

Jusice Samuel Alito and his wife Marthan-Ann

Justice Samuel Alito (with his wife, Martha-Ann, at a service for his late colleague Ruth Bader Ginbsurg) has hastened a GOP election appeal in Pennsylvania.

Pool/Getty Images

President Trump's scattershot effort to reverse his election rejection has received a last-minute lifeline from the Supreme Court. It's about the diameter of a single strand of hair, which is just enough to unite allies and opponents in the same response: So you're saying there's a chance.

Justice Samuel Alito on Sunday speeded up the schedule for Trump's allies to explain their reason for trying to reverse the election results in Pennsylvania. The new deadline is Tuesday, significant because after that the result is immune from challenges and slates of electors may not be spurned in Congress.

The previous timetable was after that "safe harbor" deadline in federal law, meaning any ruling in Trump's favor would have come too late. Theoretically, the justices could now act in time to keep his crusade alive. But election law experts say it's much likelier Alito will actively put a spike in it rather than passively watch time expire.


Nonetheless, getting the case this far is only the latest example of how Trump's assertive contempt for the norms of electoral democracy, which have held fast for longer than two centuries, have done more than create fresh if unjustified reasons for millions of Americans to distrust their government. His assault has also created challenges to the balance of power that some of his most conservative legal allies find off-putting.

Sign up for The Fulcrum newsletter

Many Trump supporters, though, still see his fight as worth having. The freshest polling about views of the election, released Monday by Gallup and the Knight Foundation, found 89 percent of Republicans concluding the democratic process did not work well this year, 82 percent of GOP voters describing the election outcome as swayed by misinformation and just 17 percent of them believing the media accurately called President-elect Joe Biden the winner.

That happened four days after Election Day, when enough votes had been tabulated in Pennsylvania to make it clear Biden would carry the state's 20 electoral votes. Three weeks later, Democratic Gov. Tom Wolf certified final results showing Biden had won with an 82,000-vote margin.

Republicans led by Rep. Mike Kelly, one of Trump's earliest enthusiasts in Congress, then unveiled an extraordinary argument for why Trump should win anyway: The General Assembly exceeded its authority when it authorized universal, no-excuse absentee voting — so all 2.7 million ballots cast by mail this fall should be thrown out.

Either Trump should be allowed to claim victory based only on the 4.2 million votes cast on Election Day, Kelly argues, or else the Republican-controlled legislature should be allowed to pick electors backing the president.

The state Supreme Court unanimously dismissed the case nine days ago, ruling the GOP waited way too long to challenge the law, enacted more than a year ago with bipartisan support. That court also rebuffed Kelly's contention that no-excuse mail voting violates the state Constitution as now written and so only a statewide ballot referendum altering that document would make the process valid.

Alito, who handles emergency matters that arrive at the high court from a handful of states including Pennsylvania, at first said he'd give Kelly until Wednesday to finish his appeal. Advancing the deadline to Tuesday morning gives the court only 15 hours to act if it chooses to do so. Otherwise, Alito could put an end to the matter on his own.

"I would not read too much into this," Rick Hasen, an election law professor at the University of California-Irvine, wrote in a blog post Sunday. "It shows more respect to the petitioners, and does not make it look like the court is simply running out the clock on the petition. I still think the chances the court grants any relief on this particular petition are virtually zero."

The main reason, he and other election law experts say, is that Kelly is challenging the Pennsylvania Supreme Court's interpretation of state law. And, consistent with the conservative philosophies of most of the justices, the U.S. Supreme Court has declined in a steady stream of election law cases this year to second-guess voting rules set by state legislatures or how state courts have interpreted them.

"All the PA Supreme Court did was to hold that the state legislature didn't violate the state constitution in expanding mail-in voting," University of Texas law professor Steve Vladek tweeted. "But the U.S. Constitution has *nothing to say* about how state courts enforce their own constitutions against state legislatures. Full stop."

The Electoral College will convene a week from now in all 50 state capitals and D.C. Biden for now can expect 306 of their votes, to 232 for Trump — so even an extraordinary move by the Supreme Court invalidating the Pennsylvania outcome would leave Biden with a dozen more electoral votes than the majority required.

Read More

Business professional watching stocks go down.
Getty Images, Bartolome Ozonas

The White House Is Booming, the Boardroom Is Panicking

The Confidence Collapse

Consumer confidence is plummeting—and that was before the latest Wall Street selloffs.

Keep ReadingShow less
Drain—More Than Fight—Authoritarianism and Censorship
Getty Images, Mykyta Ivanov

Drain—More Than Fight—Authoritarianism and Censorship

The current approaches to proactively counteracting authoritarianism and censorship fall into two main categories, which we call “fighting” and “Constitution-defending.” While Constitution-defending in particular has some value, this article advocates for a third major method: draining interest in authoritarianism and censorship.

“Draining” refers to sapping interest in these extreme possibilities of authoritarianism and censorship. In practical terms, it comes from reducing an overblown sense of threat of fellow Americans across the political spectrum. When there is less to fear about each other, there is less desire for authoritarianism or censorship.

Keep ReadingShow less
"Vote" pin.
Getty Images, William Whitehurst

Most Americans’ Votes Don’t Matter in Deciding Elections

New research from the Unite America Institute confirms a stark reality: Most ballots cast in American elections don’t matter in deciding the outcome. In 2024, just 14% of eligible voters cast a meaningful vote that actually influenced the outcome of a U.S. House race. For state house races, on average across all 50 states, just 13% cast meaningful votes.

“Too many Americans have no real say in their democracy,” said Unite America Executive Director Nick Troiano. “Every voter deserves a ballot that not only counts, but that truly matters. We should demand better than ‘elections in name only.’”

Keep ReadingShow less
Hands outside of bars.
Getty Images, stevanovicigor

Double Standard: Investing in Animal Redemption While Ignoring Human Rehabilitation

America and countries abroad have mastered the art of taming wild animals—training the most vicious killers, honing killer instincts, and even domesticating animals born for the hunt. Wild animals in this country receive extensive resources to facilitate their reintegration into society.

Americans spent more than $150 billion on their pets in 2024, with an estimated spending projection of $200 million by 2030. Millions of dollars are poured into shelters, rehabilitation programs, and veterinary care, as shown by industry statistics on animal welfare spending. Television ads and commercials plead for their adoption. Stray animal hotlines operate 24/7, ensuring immediate rescue services. Pet parks, relief stations in airports, and pageant shows showcase animals as celebrities.

Keep ReadingShow less