Following the Supreme Court's decision to deny Texas's election lawsuit, attorney Alan Dershowitz said President Donald Trump can't depend on the judicial system to overturn the 2020 election.
"The three justices that President Trump appointed [Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett], his three justices, voted not to hear the case," Dershowitz said during an interview with John Catsimatidis on radio station WABC 770 AM.
"I think it's a message to him and his team that you can't count on the judiciary, you can't count on the courts," the attorney continued.
The Supreme Court denied the lawsuit filed by the Texas attorney general, Ken Paxton, against four battleground states–Michigan, Pennsylvania, Georgia and Wisconsin– with the goal of overturning the election on Friday, due to lack of standing under Article III of the Constitution.
Dershowitz noted Trump needed a "perfect storm" in order to overturn the election results, which included aid from the courts, state governors and secretaries of state. However, the attorney said it's "very, very unlikely," as time is running out for the president and the courts aren't ruling in his favor.
"So I suspect on Monday we will see the electors elect Joe Biden," said Dershowitz. "Whether you like that or you don't like it, that's the reality that the Trump team has to face."
Although Trump has yet to formally concede the election to President-elect Joe Biden, the Electoral College is expected to meet on Monday as all 50 states certified their election results.
According to the Associated Press, Biden won both the popular vote and the electoral vote. The president-elect won 51.4 percent of the popular vote and 306 electoral votes, surpassing the 270 votes needed to win, while Trump collected 46.9 percent of the popular vote and 232 electoral votes.
However, the president's personal attorney Rudy Giuliani said the battle to keep Trump in the White House was not over and noted the next step would be taking his evidence of alleged voter fraud to state courts during a Friday night interview with Fox News host Sean Hannity.
"The legal path [is] in the state courts and you have to hope that the justices in the state court are going to show somewhat more determination, somewhat more willingness, to be willing to take some degree of criticism and somewhat more willingness to have an open mind," Giuliani said.
"That's all we're asking to do," Giuliani continued. "We're just asking them to hear the facts. Let the American people– let the American people hear the facts and let the judges hear the facts."
The Trump campaign and his Republican allies have filed numerous lawsuits across the country, baselessly claiming Biden's victory stemmed from widespread voter fraud. However, many of these lawsuits have been dismissed by state courts for lack of evidence.
Dershowitz and Trump's campaign didn't respond to Newsweek's request for comment in time for publication.
Uncommon Knowledge
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Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
