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IN THE
Supreme Court of the United States
DONALD J. TRUMP, ET AL., Petitioners,
v.
JOSEPH R. BIDEN, ET AL., Respondents.
ON PETITION FOR A WRIT OF CERTIORARI TO THE SUPREME COURT OF WISCONSIN
PETITION FOR A WRIT OF CERTIORARI
December 29, 2020
CONCLUSION
During the election crisis of 1876-77, President Grant observed that “either Party can afford to be disappointed in the result, but the country cannot afford to have the result tainted by suspicion of illegal or false returns.” Rehnquist, supra note 19, at 101. That remains true. Twenty years ago this Court emphasized that state courts have a duty to act in a manner “well calculated to sustain the confidence that all citizens must have in the outcome of elections.” Bush II, 531 U.S. at 109. The majority below shirked that duty, refusing to rule on the merits. The result, as
Justice Ziegler observed, is to feed doubts that are already widespread among Americans concerning the integrity of the November 2020 election. See p. 22 & note 14, supra. This Court is likely the only institution of our government capable of credibly resolving the controversy over this election. It is now this Court’s “unsought responsibility to resolve the federal and constitutional issues the judicial system has been forced to confront.” Bush II, 531 U.S. at 111.
For all the reasons stated, this Court should grant certiorari; it should hear this petition (and any related petitions it deems worthy of review) on an expedited basis; and it should rule on the merits that under the plain language of the Wisconsin statutes, Article II prohibits counting the 50,125 absentee ballots, and that the election in Wisconsin failed to make a choice of electors within the meaning of 3 U.S.C. § 2, thus permitting the Wisconsin Legislature to now make a choice of electors.
December 29, 2020
In the
Supreme Court of the United States
Donald J. Trump, et al., PETITIONERS,
V.
oseph R. Biden, et al., RESPONDENTS.
on petition for a writ of certiorari to the supreme court of wisconsin
MOTION FOR EXPEDITED CONSIDERATION OF THE PETITION FOR A WRIT OF CERTIORARI AND EXPEDITED MERITS BRIEFING AND ORAL ARGUMENT IN THE EVENT THAT THE COURT GRANTS THE PETITION
December 29, 2020
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