Trump’s election lawsuits may not land in the Supreme Court

Image by Mark Thomas from Pixabay

President Donald Trump’s election lawsuits may not land in the Supreme Court, but he still refuses to concede.

“Well, the problem is, it’s hard to get into the Supreme Court,” Trump told Maria Bartiromo of Fox News’ “Sunday Morning Futures” after she asked when he expected his legal challenges to move to the justices.


“I’ve got the best Supreme Court advocates, lawyers, that want to argue the case, if it gets there. They said, ‘It’s very hard to get a case up there,’” Trump said. “Can you imagine, Donald Trump, president of the United States, files a case, and I probably can’t get a case.”

Trump’s election lawsuits, which legal experts find far-fetched, must make it to the high court but did not believe that they would.

“It sounds like if you can’t be heard by the Supreme Court, you lose. Do you believe you will win this?” Bartiromo asked Trump.


“We should be heard by the Supreme Court. Something has to be able to get up there, otherwise, what is the Supreme Court?” Trump stressed. The president also said he still hopes for a path to victory.

Trump has refused to concede even if NBC News and other news outlets have called the race for Biden. Forecasts suggest that Biden will win 306 Electoral College votes.

The president’s judgment on Sunday was deemed gloomier than public statements from his legal group and appeared to indicate that he is about to accept his loss, if not offering a concession.


Trump said for the first time on Thursday that he will depart the White House if the Electoral College votes for the Democrat. Electors will vote on Dec. 14, but Trump did not mention on Sunday when he would abandon his challenges.

Trump’s campaign has called for the delay of the certification of election results, claiming that the contest was stained by widespread fraud.

Jenna Ellis, the president’s legal advisor, posted a statement on Twitter that she attributed to herself and Rudy Giuliani, another member of their legal team, promising to go “On to SCOTUS!”

The president’s 45-minute long interview on Sunday was mostly about his claim that the 2020 election was marred with fraud.

It takes the votes of four of the nine justices of the Supreme Court to accommodate a case and a majority to decide.

Trump appointed three of the justices on the court, though justices do not always rule in favor of the president who gave them the position. Justices Neil Gorsuch and Brett Kavanaugh, both Trump appointees, did not side with Trump in the past.

Before the election, Trump had claimed that the race would be decided by the Supreme Court and pushed for the appointment of Justice Amy Coney Barrett. Democrats called on Barrett to recuse herself from any conflicts related to the election, though she refused to commit herself to do so.

While Trump has yet to officially concede, his administration started providing Biden’s transition team with federal resources last week as mandated by law.