Anonymous asked in Politics & GovernmentElections · 2 months ago

are the lower court judges who are Republican throwing out Trump's law suites in order to help him get the cases before the Supreme Court?

since they might be in mostly Democratic sympathetic populated areas...maybe they realize that any jury that comes from there is going to be biased towards the cases? maybe they are helping Trump to get them to the Supreme Court quicker? (and not because they think they are not worthy to listen to? btw, he has 100s of different cases?) how they are going to combine them into one case maybe for the Supreme Court and when will be there probably?



7 Answers

  • Tmess2
    Lv 7
    2 months ago
    Favourite answer

    Dismissing a case does not help it get before the Supreme Court. 

    First, election cases are usually not heard by juries.  While there may be an exception among the fifty states, in most states, election cases are heard by judges.  (Basically, the issue is not criminal vs. civil as civil cases have juries too.  Instead, the issue is law (normally a case involving a claim for money) vs. equity (normally a case requesting a court relief).  Usually, there are not juries in equity cases, and election cases are considered to be equity cases.

    Second, the Supreme Court only decides issues of law, not fact.  So if one of these cases got to the Supreme Court, the Supreme Court would only decide if it was wrongfully dismissed.  At that point, the case would go back to the trial court for a hearing.  Given the time limit noted below, the Supreme Court is less likely to grant review on a dismissal.  If these judges were trying to aid Trump, they would grant a hearing and make factual findings that favored Trump.  

    Third, I have seen various counts for cases in which the campaign is a party ranging from the upper teens to the lower twenties.  These cases raise specific issues with specific states.  Because the choice of presidential electors is made on a state-by-state basis, it is unlikely that these cases could or would be consolidated for hearing by the Supreme Court.  

    When a case will get to the U.S. Supreme Court depends on several things:  One, when is the notice of appeal filed in the court of appeals?  Obviously, until a notice of appeal is filed, there is nothing pending in the appellate court.  Two, when does the court of appeals issue its decision on a case which has been appealed?  (This could be very quickly or the court of appeals could give the parties several days each to file their arguments.)  Three, is this a state case or a federal case?  For state cases, there is the additional level of the state supreme court which has to act before the U.S. Supreme Court can.  Four, does the Supreme Court accelerate the time table?  Under the Supreme Court's rules, the party that won in the appellate court has thirty days to respond to a request for Supreme Court  review.  As the Supreme Court has recognized an absolute deadline of December 8 to resolve election cases, if the Supreme Court does not accelerate the time table, none of these cases will be up for review before the clock runs.

    And the media uses thrown out because dismissing is a legal term with precise meaning and it is punchier in a story to use thrown out.  But the effect is the same.

  • ?
    Lv 7
    2 months ago

    The Supreme Court does not hear cases that were dismissed.

    The Republican judges are dismissing the cases because their is absolutely ZERO evidence which is why the Supreme Court will refuse to hear the cases

  • Anonymous
    2 months ago

     The burden of proof is on trump to provide ample evidence of his claims widespread fraud happened, bearing in mind, no one can find what doesn't exist. He's running out of time to make his case. The law loses patience and claims become frivolous because of the unlimited nature. The more times his claims get rejected, the greater likelihood the SC won't waste it's time on them. Eventually, decisions become final to end/avoid frivolity.

  • 2 months ago

    None of Trumps cases (of which there are three) have been thrown out. You and 99.999% of Democrats are misunderstanding. The dismissed cases are cases brought by other private individuals, not the Trump legal team.

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  • 2 months ago

    These are civil, not criminal cases. There are no juries.

    They are being dismissed (the technical term for thrown out) because Trump's attorneys cannot provide ANY actual evidence of fraud.

    Commenter is incorrect. Several cases brought be Trump's campaign have been dismissed.

  • 2 months ago

    These aren't the type of cases that would have a jury, and the judges know that, even if you don't.

  • 2 months ago

    First of all, none of the Trump team cases have been "thrown out".  There was one case, brought by a private individual which was.

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