Trump Asks U.S. Supreme Court to Overturn Wisconsin’s Election

President Donald Trump’s campaign isn’t done trying to overturn the 2020 election.

The campaign is petitioning the U.S. Supreme Court to hear a case attempting to overturn Wisconsin’s election results after it was rejected by the Wisconsin Supreme Court earlier this month.

The suit takes aim at more than 50,000 absentee ballots in Milwaukee and Dane counties — the state’s most populous counties whose votes largely went to President-elect Joe Biden. The remedy sought by the suit is to have the state Legislature choose the electors for the presidential election.

The suit sought to have absentee ballots tossed for all persons that marked indefinitely confined on the absentee ballot application, all in-person absentee ballots on the basis of incomplete applications or where clerks completed an address and all absentee ballots collected at a Democracy in the Park event in Madison.

In a 4-3 vote Justices Brian Hagedorn, Ann Walsh Bradley, Rebecca F. Dallet and Jill Karofsky voted to reject the suit.

In their rejection they stated the Trump campaign failed to meet the test of the Laches Doctrine, which requires that a plaintiff does not unreasonably delay a claim. Trump’s suit failed in this respect because he did not file suit when the same laws and practices were in effect when he won the presidency in 2016.

Trump’s campaign argues in their petition to the Supreme Court that if the state Supreme Court’s decision is not overturned, “it will have a profound chilling effect, nationwide, as all future candidates will feel it necessary to continuously monitor all election officials in all competitive jurisdictions.” And, “Candidates will feel it necessary to launch preemptive litigation against possible abuses, for fear that if they wait to bring suit after an election, when they know whether concrete harm has occurred, courts will invoke the doctrine of laches to tell them they waited too long.”

Read the motion for expedited consideration of the petition here.