The 2020 election could be decided by the Supreme Court and John Roberts – and that should terrify Republicans


The following editorial is written by a retired Chief of Police and current staff writer for Law Enforcement Today.

WASHINGTON, DC – If you thought the 2000 election was a circus, you haven’t seen anything yet, if predictions of a number of political election watchers are correct.

We have already seen that this year’s presidential election will be among the most contentious such elections in our nation’s history, if not THE most contentious. The fact that this could very well come down to the Supreme Court and Chief Justice John Roberts should strike fear into the hearts of conservatives and Trump supporters across the country.

President Trump is clearly a polarizing figure. You either love him or you hate him, with a small number of people in the middle who maybe tolerate him.

The president is not a politician and as such, he speaks his mind. He does not care who he offends, he does not care whose feathers get ruffled and he is his own man. Nobody tells him what to do, say or think. And that is the rub.

He is not a card-carrying member of the Washington swamp.

The future of the November election started forming in late winter/early spring when the Wuhan coronavirus was introduced into our country. An economy which was roaring with record low unemployment and stocks in record territories suddenly came back to Earth…hard and fast. What normally would have paved the way to November and a likely overwhelming reelection was thrown into turmoil.

Governors in blue states, suddenly drunk with power implemented draconian executive orders. Oh, they were initially advertised as measures to “flatten the curve” that would only be necessary for maybe 14 days so as to not “overwhelm” the medical system.

They are now at over 180 days of mask mandates, business closings, social distancing requirements and a version of “mask” police who shame people who are not wearing masks outdoors in the fresh air.

Governors saw that fear can drive compliance, and they jumped. Warnings of millions of deaths from coronavirus led to paranoia from an illness that doesn’t touch younger people in any type of serious way.

Typically sick people or vulnerable people are quarantined in order to protect them. In the case of coronavirus, healthy people were locked down to protect the vulnerable. It was ass backwards

In an election year, the president likely went against his better judgment and went along, at least for a while. However as business after business failed, some permanently and people began to die not from coronavirus but from undiagnosed heart conditions, cancer, and other otherwise routine maladies that if caught early are in many cases treatable, President Trump recognized that it was time to turn the corner.

As child abuse, domestic abuse and suicides increased due to the lockdowns, tensions began to boil.

In May, a man named George Floyd passed a counterfeit bill in Minneapolis, Minnesota. The police were called and Floyd was placed under arrest. Officers did not know at the time that Floyd had lethal doses of Fentanyl in his system, as well as methamphetamine a later autopsy report would show.

Floyd complained of not being able to breathe when he was handcuffed and put in the back of a police cruiser. Officers took Floyd out of the cruiser and he laid on the ground.

One officer knelt on Floyd’s neck for over eight minutes, the entire incident being captured on phone video. During the encounter, as we all know, Floyd died.

Body camera video confirmed that there was no racial bias by Minneapolis police, no police brutality, and that Floyd was treated with respect by the four officers.

That video was held by Minnesota Attorney General Keith Ellison, an antifa supporter, for months.

What was released was the initial bystander-recorded video of Minneapolis police officer Derek Chauvin with his knee on Floyd’s neck. An overwhelming majority of the nation, including a huge majority of police officers, were offended by that video.

That mattered not. The tensions that had been building up for months by lockdowns found their fuse…and it was lit. Still, Ellison held the video evidence.

As we are all painfully aware, since that incident in Minnesota we have seen city after city in our great country destroyed and overrun by criminal mobs. While the mantra is they want justice for George Floyd, the fact of the matter is they want to fundamentally transform the United States.

Anarchy on the streets is not the way an incumbent president typically would be elected, especially when compounded with an economic meltdown.

Fortunately for President Trump, the economy has rebounded nicely from its lows last spring, with unemployment now back down below double digits and the stock markets, prior to a recent correction, being either near or above record highs in some indexes.

Despite the Democrats trying to pin the economic collapse on President Trump, most clear-thinking Americans realize that it didn’t matter if it was a Democrat or Republican in the White House, such a collapse was likely unavoidable.

The difference is that the economy was in such a good place prior to the downturn, recovery was faster and more significant.

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Equally as fortunate for President Trump, Democrats remained silent about the anarchy taking place in our cities. At the Democratic National Convention last month, not one person brought up the violence in American cities. 

When that anarchy spread to suburban America and middle-class Americans began to get accosted in restaurants as they ate dinner, Democrats finally woke from their slumber. They tepidly criticized the violence while still failing to call out the organizations responsible for it. Republicans and President Trump are for law and order…Democrats are for anarchy and chaos. 

That brings us to November 3.

Democrats have hitched their wagon to mail-in voting. As a matter of fact, they have tied the latest coronavirus relief package to dumping copious amounts of cash into the post office in order to handle what is expected to be a large number of mail-in ballots.

Democrats, sticking to the mantra of “never letting a crisis go to waste” have made the case that voting in person is dangerous due to COVID-19. Never mind the fact that they have given the nationwide riots a pass, at least until recently.

It has been widely reported that a large mail-in ballot scenario would wreak havoc on election day, with probable delays in counting mail-in ballots. Remember, in 2018, a handful of California House seats flipped after election day when mail-in ballots changed the outcome days, or in some cases weeks after election day.

Imagine that on a national scale.

The Daily Wire reported that Dick Morris, a former Clinton campaign adviser noted that even a significant Trump win could be eventually overturned once mail-in ballots in so-called swing states come in and are counted. He gave the following what he called “doomsday scenario” where the election could be decided by the Supreme Court.

Morris said:

“[On election night,] they’ll say that Trump has 330-350 electoral votes and won a landslide. And then, day after day, week after week, you’re going to find another million ballots counted here, another half-million there, another quarter of a million in another place.

And gradually, these Democratic liberal secretaries of state who are in charge of the election in most of these blue states will say, ‘Oh, well, we’re sorry. It turns out Biden carried Wisconsin, not Trump.”

Morris continued:

“Then, the Trump people will sue. But that suit will have to be in a state court. The state court judges are largely liberal, largely Democrat. And they are going to say, ‘Oh, we rule in favor of the state: Biden carried it.’

Then…they’ll probably go up to the federal courts. And the U.S. Supreme Court eventually will make the decision. And then the entire election will be in the hands literally of John Roberts. And we’ll see what he’ll do.”

Feeling warm and fuzzy inside yet? John Roberts, who was nominated as a “conservative” to the Supreme Court by President George W. Bush has shown himself to hardly be a conservative. In fact, on some of the high court’s most controversial decisions, Roberts has sided with the liberal wing of the court—Ruth Bader Ginsburg, Sonia Sotomayor, Elena Kagan, and Stephen Breyer. He famously virtually rewrote Obamacare in order to turn it into what he referred to as a “tax.”

More recently, Roberts, who was joined by fellow “conservative” Neil Gorsuch ruled that LGBTQ people are protected under the 1964 Civil Rights Act, a vote which met with outrage from conservatives and President Trump, which sided with three employers in cases before the court.

If conservatives and Republicans are worried about Roberts possibly being a swing vote on the 2020 election it is well founded fear. The fact that nine non-elected judges might decide realistically if the United States remains a representative Republic or starts a hard slide toward Marxism is a scary proposition.

As Morris notes, the Supreme Court has been in fact superseding the will of the American people for decades, noting that each year, the high court in essence “amends” the Constitution without the consent of the people or the states. Instead of following the Constitution as written, they find rights that do not exist in the text (think Roe v. Wade) and “expands the power of the federal government into areas well outside the scope of its intended jurisdiction.”

Morris notes the Constitution now numbers over 3,000 pages long and contains numerable “activist decisions.”

It is rightly noted that the framers of the Constitution put a process in place for the document to be amended, both requiring the approval of 38 states. Most of us are aware of the fact that congress can propose constitutional amendments which then require approval of 38 state legislatures.

Another way the constitution can be amended is through a Convention of States, with 34 states required to call such a gathering. The COS would have the power to propose amendments which limit the power of the federal government, including the Supreme Court.

Any amendments proposed through a COS would put the arm on the Supreme court, and make sure the high court doesn’t have the power to circumvent our Republic. Such a convention could also mandate matters such as a balanced budget amendment and our favorite, term limits.

The Founders were an amazingly astute and smart group of men. They rightly knew that power corrupts and absolute power corrupts absolutely. Our Supreme Court has been put in the position of de facto legislating from the bench, which is not the system our founders designed.

If this election goes south, which is certainly possible, the only way to rescue our country would be through a Convention of States, especially if the Supreme Court buys into the charade that the Democrats are trying to foment.

The founders put in place a tool to limit federal power—it is called an Article V Convention of States. It is time to give this a long, hard look.

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