Alan Dershowitz says Texas lawsuit tossed by Supreme Court should tell Trump's allies they 'can't count on the judiciary' to invalidate the election results

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Trump, Dershowitz
Alan Dershowitz listens to President Donald Trump speak during a Hanukkah reception in the White House in December 2019. Mark Wilson/Getty Images
  • Alan Dershowitz on Sunday said the Supreme Court's decision to toss the Texas election lawsuit signaled to President Donald Trump's camp that they "can't count on the judiciary" to invalidate the election results, according to The Hill.

  • Dershowitz said Trump's campaign would need a "perfect storm" to invalidate the election results, with courts, governors, and state election officials aiding his cause.

  • "I suspect on Monday we will see the electors ... elect Joe Biden," he said. "Whether you like that or you don't like it, that's the reality that the Trump team has to face."

  • Visit Business Insider's homepage for more stories.

The constitutional-law scholar Alan Dershowitz on Sunday said the Supreme Court's decision to toss the Texas election lawsuit signaled to President Donald Trump and his allies that they "can't count on the judiciary" to invalidate the election results, according to The Hill.

The lawsuit had sought to overturn the results in Georgia, Michigan, Wisconsin, and Pennsylvania. In an unsigned order issued on Friday, the high court rejected the lawsuit because of a lack of standing.

"The three justices that President Trump appointed, his three justices, voted not to hear the case," Dershowitz told John Catsimatidis in a radio interview, according to The Hill.

"I think it's a message to him and his team that you can't count on the judiciary, you can't count on the courts," he said.

During his presidency, Trump installed Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett on the Supreme Court, shifting its balance to a 6-3 conservative majority.

Dershowitz said Trump's campaign would need a "perfect storm" to invalidate the election results, with courts, governors, and state election officials aiding his cause.

With the Electoral College meeting on Monday, further attempts to litigate the results are even more implausible. And Dershowitz said that state legislatures were "very, very unlikely" to help the president.

"So I suspect on Monday we will see the electors ... elect Joe Biden," he added. "Whether you like that or you don't like it, that's the reality that the Trump team has to face."

The Trump campaign has unleashed a litany of election lawsuits since the election was called for Biden; virtually all have proved unsuccessful. The president has also continued to spread debunked allegations of widespread voter fraud.

The Supreme Court ruling on Friday came three days after the court declined to take up a similar Republican-backed case that focused on Pennsylvania's election results.

Rudy Giuliani, Trump's personal attorney, told Newsmax on Friday that the campaign would present its case in district court.

"We're not finished," he said. "Believe me."

Dershowitz was a member of Trump's defense team during his impeachment trial, where Dershowitz argued that the president should not be removed from office because the charges of abuse of power and obstruction of Congress did not constitute "high crimes."

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