On Sunday, constitutional legal expert Alan Dershowitz outlined President Trump’s potential constitutional paths to challenging the results of the 2020 presidential election.
“[The Trump campaign has] two or three legal constitutional paths.” Dershowitz began. “For example, in Pennsylvania, they have two very strong legal arguments, one, that the courts changed what the legislature did about counting ballots after the end of Election Day.”
“That’s a winning issue in the Supreme Court.” He continued. “I don’t necessarily support it, but it’s a winning issue in the Supreme Court. And Justice Alito has already hinted that’s a winning issue.”
“They also have a winning issue on the Supreme Court on equal protection, that some counties allowed flawed ballots to be cured, while others didn’t. Bush vs. Gore suggests that an equal protection argument can prevail.” He continued. “The problem with that argument is, they don’t have the numbers necessarily to support it. If it’s right that Biden is ahead by some 70,000 or 80,000 votes, they have to show enough contested votes, under those two legal theories, to change the outcome.”
“The other legal theory they had, which is a potentially strong one, is that the computers, either fraudulently or by glitches, changed hundreds of thousands of votes. There are enough votes to make a difference, but I haven’t seen the evidence to support that.” Dershowitz concluded. “So, in one case, they don’t have the numbers. In another case, they don’t seem yet to have the evidence. Maybe they do. I haven’t seen it. But the legal theory is there to support them if they have the numbers and they have the evidence.”