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U.S. Supreme Court justices known or believed to be originalist interpreters of the Constitution were assigned on Friday to federal districts that included several political battleground states.
The new assignments, which are a normal function of the court and were made by Chief Justice John Roberts, come as President Donald Trump’s campaign continues to wage legal battles in those states, some of which could have major constitutional implications moving forward.
News of the assignments was first reported by the TruNews Network (begin watching at the 33:37 mark).
Co-host Rick Wiles noted that justices are assigned to oversee each of the 11 federal court circuits and the D.C. Circuits, and since there are only nine of them, some justices have more than one circuit to oversee.
In addition to providing oversight of cases that are brought within their respective circuits, Wiles explained the justices also have the authority to decide which ones can be brought before the full Supreme Court (where four justices have to agree to hear a case).
Wiles and his fellow co-hosts speculated that because the court’s originalist faction is now overseeing a number of circuits where key battleground states are located, that likely will make it easier for the Trump campaign to get its legal challenges before the high court.
Describing the new circuit assignments as a “reshuffling,” Wiles noted the changes:
— Justice Samuel Alito will oversee the 3rd Circuit, which includes Pennsylvania
— Justice Clarence Thomas will oversee the 11th Circuit, which includes Georgia
— Justice Brett Kavanaugh was assigned the Sixth Circuit, which includes Michigan
— Justice Amy Coney Barrett is overseeing the Seventh Circuit, which includes Wisconsin
The Trump campaign has launched federal lawsuits or other legal challenges in each of these states, though several cases in lower courts have already been tossed out.
“Do you see a pattern?” Wiles said. “The contested states are now supervised by conservative justices on the Supreme Court. This is not a coincidence.”
“Two are Trump appointees,” co-host Matthew Skow added.
Wiles speculated that Trump campaign attorneys Rudy Giuliani and Sidney Powell would “go before Supreme Court justices and demand a hearing before the Supreme Court” on cases they are pushing on the president’s behalf.
He also suggested that the justices could issue stays to individual secretaries of state blocking them from certifying election results.
As for the Trump campaign, there are constitutional arguments to be made, according to lawyers and legal experts.
Earlier this month, for instance, former independent counsel Ken Starr said a decision by the Pennsylvania Supreme Court to sign off on a change to election law made by the Democratic Secretary of State Kathy Boockvar just days before the election was a “constitutional travesty.”
Boockvar said that, due to the coronavirus pandemic, boards of elections in some counties could count mail-in ballots postmarked by election day if they were received up to three days later.
Under the Constitution, only state legislatures have the authority to set election rules and regulations.
“The founding generation sitting in Philadelphia undoubtedly thought, ‘Well, should we have the state Supreme Court make the determination?’ No, we want … a very democratic with a small ‘d’ approach,” Starr told host Fox News host Mark Levin, who is also considered by many to be an expert on the nation’s founding document. “We want the legislatures, those closest to the people, the state legislatures, they’re the bosses, not the governor.
“And what happened in Pennsylvania over these recent weeks is a constitutional travesty. Governor [Tom] Wolf tries to get his reforms, his vision, as he was entitled to do, through the legislature of the Commonwealth of Pennsylvania,” Starr continued. “He failed. He then goes to the state Supreme Court, which by a divided vote, accepted the substance of what Governor Wolf was doing, and then added thereon nooks and crannies as well.”
Levin noted that Alito ordered ballots received after Election Day to be segregated, adding they “may be in question under our federal Constitution … that is, the state Supreme Court may have disenfranchised those voters by violating the federal Constitution.”
TruNews also noted that Alito is now overseeing the circuit where Pennsylvania is located.
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