On Monday, the Supreme Court declined to hear former President Donald Trump’s last remaining 2020 election challenge that requested to nullify Wisconsin’s election results because state election officials expanded mail-in voting in violation of the Constitution, The Hill reported.
The court’s decision means fewer than four justices were willing to take up the case.
Like most states, Wisconsin gives the state legislature the power to set rules and policies about voting, but in this case, the state’s election commission unilaterally decided to provide absentee vote dropboxes without consulting the legislature.
Biden won the state by a razor-thin margin of 20,000 votes.
The case
The case, filed against the Wisconsin Elections Commission, alleged that election officials violated state law by allowing poll workers to fix absentee ballot witness certificates and by using what Trump’s attorneys called “unauthorized, illegal absentee voting drop boxes,” Fox News reported.
Trump originally filed the case a month after the election, and asked the Supreme Court to fast track it so that the case would be decided before states certified their election results on Jan. 6. The court declined to do so.
Despite Joe Biden being certified as the winner of the election in January, Trump filed a brief in February arguing that the case was necessary to prevent something similar from happening again.
“The narrow window in which legal disputes may be resolved following a presidential election weighs heavily in favor of applying the ‘capable of repetition’ doctrine to resolve issues capable of reoccurring,” Trump’s February brief said. “Otherwise, non-legislative state actors may be emboldened in future presidential elections to make even more last-minute changes to state election laws contrary to the Electors Clause than occurred in this year’s election.”
Trump’s not going anywhere
The court’s decision Monday comes weeks after it rejected several other election-related challenges from Trump’s legal team, including a challenge of a state court ruling in Pennsylvania that extended the deadline for accepting absentee ballots.
According to The Hill, some have speculated that the Trump’s statements on Jan. 6 and the subsequent riot at the Capitol influenced the court’s decision not take up the case.
Despite being defeated on the legal front, Trump has made it clear he’s not going anywhere. In a keynote speech at the Conservative Political Action Conference in February, he called on the GOP to unite behind “America First” as the only way forward for the party, and for the United States as a whole.
“The path ahead will not be easy, but we will win,” he said. “We’re tougher than they are. We’re stronger than they are. Together, in the coming years, we will carry forward the torch of American Liberty. We will lead the conservative movement and the Republican Party back to a totally conclusive victory.”
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