According to constitutional law expert Jonathan Turley, the worst-case scenario concerning the presidential election is currently happening. Turley sat down for an interview with Fox and Friends last Wednesday.
One host began the interview by telling Turley, “You know, the president last night said he was optimistic, but then again suggested that he wanted to make sure that what goes on from this point forward is completely legit and he might go to the Supreme Court.”
“Our question is, could he possibly go to the Supreme Court?” the host asked.
In response, Turley asked, “Why would you be surprised if some of these challenges do not make it back to the Supreme Court?”
He continued, citing the past presidential elections and noting how there has always been litigation at the end of Election Day.
“We’d already been to the Supreme Court. We’ve seen the challenges in all of these swing states. Many of these cases were placeholders. Many of them were challenging practices in case the state turned to be one of those nail biters. Well, that’s happening.”
“Our worst-case scenario is happening where we’re looking at states that, quite frankly, are a mess. I mean, Pennsylvania is a mess,” Turley continued. “It has had a lot of previous litigation that tore apart these election rules. So you have these controversies in Pennsylvania. They will take ballots after Election Day as long as they’re postmarked. But even if they’re postmarked, and you can clearly see when they were postmarked, they’re going to give the benefit of the doubt to the voter, even if their signatures don’t match. Once again, that will not bar ballots.”
“All of those types of issues raise the integrity of the voting process, but they also raise the role of courts in changing state election laws. So all of that is ripe for challenge,” Turley added. “So, in the next few days, we will focus on counting the votes, but after that, we will focus on keeping the votes. That’s where litigation gets quite intense. We do not have at this time the type of blowout that would make litigation largely irrelevant.”
Turley was then asked what his reaction was to the conservatives’ worry that they would try to stack the court if the Democrats won.
“Well, the threats against the Supreme Court were a source of really deep concern for many of us. And indeed, I think that was a blunder of the first order by Joe Biden,” Turley explained. “Many Americans would vote for him but would have serious trouble voting for anyone who was willing to consider taking a hatchet to the Supreme Court.”
Before ending the interview, the host asked Turley one more question about the battleground states that look like they’ll be close races.
“In these states that look like they’re going to be decided by one percent — Wisconsin, Michigan, maybe Pennsylvania, perhaps Georgia — if you don’t like the outcome, do you have a legal right to challenge it, especially with so many absentee ballots, to go in and just look at all these ballots and make sure there are signatures, make sure they’re filled out correctly, make sure they shouldn’t be provisional?”
“Absolutely,” Turley agreed. “This is a target-rich environment for litigation. There is every right in the world for both camps to challenge the counting of these ballots. They’re conditional on provisional balloting. There’s controversy involving how these ballots were sorted and stored. All of that can legitimately be brought to the court and will be by both parties.”
“This could very well be decided in the court,” Turley concluded.
Watch the whole interview below.