Experts explain how it will be difficult for Trump to win the election through a legal battle

Experts explain how it will be difficult for Trump to win the election through a legal battle
Igor Derysh
Psychiatrist explains why Trump 'delights in putting people in danger'

Over the last 24 hours, President Donald Trump's re-election campaign has waged war on multiple states as they question the legitimacy of the election results while threatening legal action. Now, legal experts are pushing back and explaining why Trump may not get his way with the impending court battle he is prepping for in an effort to sway the election.

So far, Trump has filed lawsuits in Wisconsin, Michigan, Pennsylvania and Georgia to halt the counting of mail-in ballots that were received on or before election day. Although the ballots being counted were received on or before Election Day, Trump and his campaign are fighting to have those ballots excluded from the full count. However, legal experts are not sure Trump's arguments will hold in court.

Justin Levitt, a professor at Loyola Law School in Los Angeles, weighed in on Trump's lawsuits and how the president's lack of evidence he will likely have to support his theories will likely be a key point in the legal battle. According to Levitt, Trump's accusations are nothing more than "a tweet with a filing fee" without substantial evidence to back his claims.

"A lawsuit without provable facts showing a statutory or constitutional violation is just a tweet with a filing fee," Levitt told ProPublica. So far, judges have "actually demanded facts and haven't been ruling on all-caps claims of fraud or suppression," he added. "They haven't confused public relations with the predicate for litigation, and I would expect that to continue."

University of Chicago law professor David Strauss also spoke with the Los Angeles Times as he offered his take on Trump's attempted use of the Supreme Court. There have been multiple times Trump has alluded to the idea of turning to the Supreme Court to decide the election which suggests that he believes the highest court will rescue him from a potential election loss.

Strauss expressed concern about Trump's remarks as he noted how "disturbing" it is for the president to repeatedly attempt to use the court for his own political aspirations.

"He has the same attitude toward the Supreme Court that he has toward the rest of the government — that it works for him, not for the American people," Strauss said, adding, "It is hard to see how anyone who cares about the court, on any side of the political spectrum, would not cringe and find those comments of Trump's to be very disturbing."

Enjoy this piece?

… then let us make a small request. AlterNet’s journalists work tirelessly to counter the traditional corporate media narrative. We’re here seven days a week, 365 days a year. And we’re proud to say that we’ve been bringing you the real, unfiltered news for 20 years—longer than any other progressive news site on the Internet.

It’s through the generosity of our supporters that we’re able to share with you all the underreported news you need to know. Independent journalism is increasingly imperiled; ads alone can’t pay our bills. AlterNet counts on readers like you to support our coverage. Did you enjoy content from David Cay Johnston, Common Dreams, Raw Story and Robert Reich? Opinion from Salon and Jim Hightower? Analysis by The Conversation? Then join the hundreds of readers who have supported AlterNet this year.

Every reader contribution, whatever the amount, makes a tremendous difference. Help ensure AlterNet remains independent long into the future. Support progressive journalism with a one-time contribution to AlterNet, or click here to become a subscriber. Thank you. Click here to donate by check.

alternet logo

Tough Times

Demand honest news. Help support AlterNet and our mission to keep you informed during this crisis.