Donald Trump got some bad news.
It could not come at a worse time.
And Donald Trump suffered a huge Supreme Court setback that you aren’t going to like.
After the 2020 election, Trump and his supporters argued Democrat officials and judges in states like Michigan, Pennsylvania and Wisconsin illegally expanded access to mail-in voting by either violating their own constitution – as is the case in Pennsylvania – or the U.S. Constitution by usurping the power of the state legislature to set the ground rules for the election.
Article I, Section 4, Clause 1 of the United States Constitution reads:
The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of choosing Senators.
This little-known clause of the Constitution once again took on outsized importance as Democrats gamed the redistricting process by employing partisan judges in North Carolina and Pennsylvania to draw maps favorable for Democrats despite Republicans holding majorities in the state legislature.
Republicans appealed to the Supreme Court arguing – like Trump did – that judges in Pennsylvania and North Carolina illegally drew maps favorable to Democrats in an end run around the state legislatures’ constitutionally guaranteed right to set the procedures for elections.
But a six to three majority on the Supreme Court disagreed and refused to hear the case.
Conservative Supreme Court Justice Samuel Alito wrote in his dissent that these maps drawn by judges violated the Constitution.
“This Clause could have said that these rules are to be prescribed ‘by each State,’ which would have left it up to each State to decide which branch, component, or officer of the state government should exercise that power, as States are generally free to allocate state power as they choose,” Justice Alito declared. “But that is not what the Elections Clause says. Its language specifies a particular organ of a state government, and we must take that language seriously.”
Justice Brett Kavanaugh hinted he would have agreed to hear the case if it came to the court through regular order as opposed to the emergency docket.
That would have given Republicans the four votes necessary to grant cert and hear the case.
If Democrats can get away with continually violating the Constitution to change election rules and maps to always tilt in their favor, then America no longer has free and fair elections.
Democrats make big to-dos falsely claiming Republicans threaten to end American democracy.
In reality, Democrats only consider elections fair if they win.
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