Law Review: Supreme Court rejects Trump’s suit; it’s over Donald |

Law Review: Supreme Court rejects Trump’s suit; it’s over Donald

I did not expect to be writing yet another Trump column figuring he lost the election and would move on. What was I thinking? His ego will not allow him to acknowledge he is a loser, always has been. But here we are.



Not psychologically capable of accepting defeat, despite consistent conclusions from both sides of the aisle that there was no fraud involved in the presidential election and all of the experts agree. Trump claims he lost unfairly while other down-ballot Republicans won fairly. Now that makes sense.

At the urging of our former President, Texas Attorney General Ken Paxton sued four states that Joe Biden carried in the general election claiming fraud. Indeed, you read that right, Texas is suing to challenge elections in four other states, patently a lack of standing issue. Trump and Paxton figure their new Supreme Court would return the favor and reward an effort to destroy our democracy.

As Trump said, this is “the case that everyone has been waiting for.” “The big one.” Meanwhile, the big one blew up in his face as every single legal scholar predicted. Trump, of course has been raking in millions of dollars in donations adding to his coffers in his claims that Democrats “stole the election.”

What is remarkable is that 80 plus percent of Republicans believe the election was “stolen”; Biden was not properly elected. Now that is scary. If you repeat a lie enough times it becomes true. Even Trump’s own attorney, Attorney General Barr, concluded there was no fraud or abuse of the election process.



The Supreme Court in a one-page Order summarily rejected “the big one” for lack of standing. Duh. Texas has no interest in the other four states’ elections.

Justice Alito, joined by Thomas, the two most conservative justices on the ultra-conservative Court, wrote “I would therefore grant the motion to file the bill of complaint but would not grant other relief …” I take that to mean he would acknowledge that Texas has the right to go before the Court, but he is not going to grant the relief asked for in the lawsuit, to overturn the elections in the four states. In my reading, Alito ruled on the merits – it had no merits.



What is particularly disheartening to me is that our own elected representatives, 4th District Congressman Tom McClintock and 1st District Congressman Doug LaMalfa joined the Trump debacle trying to destroy democracy. They were among the 126 House of Representatives who signed an Amicus Brief supporting the bogus Trump/Texas lawsuit.

Both conservative Congressmen are always espousing democracy and America first, yet when it came time to standup for democracy and stop Trump’s madness, they sat down. Worse yet, they signed their names to the failed lawsuit. Remember that when they come up for reelection. They deserve not to be reelected. They put themselves, the Republican Party and Donald Trump before their constituents and the Country. There is no getting around that. They joined the flawed effort to subvert our democracy.

Last Monday the Electoral College confirmed Joe Biden as President and Kamala Harris as Vice President.

In a normal world, this election would be behind us, but rest assured it is not as long as Trump and McConnell and their cohorts have any say.



If you are wondering why Texas Attorney General Ken Paxton carried Trump’s water filing this lawsuit, gaining press and “brownie points” with our former President, here is why. Paxton is under indictment for securities fraud, and is being investigated by the FBI on bribery and allegations of abuse of power. Can you spell “pardon”?

Here is a legal question, “is there a limit to legal pardons one corrupt President can grant?”

Don’t forget the former President’s lapdog, incompetent lawyer Rudy, sweating Rudy, who LOST EVERY ONE OF HIS MANY LAWSUITS but set himself up for a pardon.

Republicans, where are you?

Jim Porter is an attorney with Porter Simon licensed in California and Nevada, with offices in Truckee and Tahoe City, California, and Reno, Nevada. Jim’s practice areas include: real estate, development, construction, business, HOAs, contracts, personal injury, accidents, mediation and other transactional matters. He may be reached at or

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