Episode from the podcastAll the Presidents' Lawyers

Knocking at the Supreme Court’s door

Released Thursday, 10th December 2020
 1 person rated this episode
We’ve reached the stage in the legal efforts by President Trump’s allies to contest the election results where the Supreme Court could opt to get involved, but they’re not getting involved.

Congressman Mike Kelly sought an injunction from the Supreme Court to block Pennsylvania’s certification of its election results. Despite President Trump tweeting a photo of Amy Coney Barrett with lasers coming out of her eyes, the court declined to hear it, and none of the justices went on the record objecting to that decision. Ken White and Josh Barro talk through why this wasn’t a surprise, the reasons why the court probably won’t take up any of the other cases including the case from the Texas attorney general, and why this is really different from when the Supreme Court heard the election challenge in 2000. 

Plus: Judge Emmet Sullivan has finally dismissed the Michael Flynn case, now that Flynn has accepted a pardon from President Trump, but Judge Sullivan had a lot to say about the pardon and many related issues on the record. Why did he do this? Other people had opinions about Flynn’s pardon too. Ken and Josh talk through a few of those, and it sounds like more pardons are coming. If you’re offered a pardon by a president but you’re pretty sure you haven’t broken any federal laws, should you accept it anyway?
This week's episode felt even more pressing than normal, because they started off by answering a question I have had for days and seen asked multiple times: Does Texas have standing to demand that the Supreme Court overturn the election results in another state? We are so far beyond where this podcast started, which was with the various crimes and legal misdemeanors that the President was committing during his first three years in office. We have come all the way into fundamental questions of how this country works. I can't express how grateful I am for Ken White for shining a light into all this murky uncertainty.
This podcast, its content, and its artwork are not owned by, affiliated with, or endorsed by Podchaser.
Rate Episode

Share This Episode

Recommendation sent

Join Podchaser to...

  • Rate podcasts and episodes
  • Follow podcasts and creators
  • Create podcast and episode lists
  • & much more

Moderator Stats

Podcast ID

Episode Details

41m 57s
Episode Type

Episode Tags

Do you host or manage this podcast?
Claim and edit this page to your liking.