Election law expert says Pres. Donald Trump legal challenges won't succeed

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Sunday, November 8, 2020
Election law expert on Pres. Trump legal challenges
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The South Texas College law expert said Trump's lawsuit should resolve in the next few days or weeks.

HOUSTON, Texas (KTRK) -- President Donald Trump has not given up the fight just yet. His team has legal challenges and promised more in several states.

But will those legal challenges make a difference in the outcome of the election? It is not likely, according to South Texas College of Law Election law expert Josh Blackman.

"At this point in the election, it's beyond what's called the margin of litigation," Blackman told ABC13 after ABC News called the race for the former Vice President on Saturday. "In other words, even if President Trump's lawsuits are successful, they still won't make up enough votes to push him over the top. So the litigation, I think, is mostly for show. It's not going to change who the next president is. Biden has secured more votes by a substantial enough margin that the courts do not provide the President with a path to reelection."

Blackman expects the lawsuits to resolve within days or weeks. He said one case related to late ballots in Pennsylvania has the potential to reach the Supreme Court, but it would not alter the results.

Blackman also believes talk of electors in various states, flipping their votes from one candidate to the other, are unlikely.

"Each state appoints the electors, and generally under state law the electors do not have the discretion," Blackman said. "The electors are going to vote for whoever won the majority in their state."

As for President Trump's likelihood of succeeding in any challenge to the results, Blackman doubts it.

"His days in office are finite," he said. "I think it's important all the legal avenues be considered. If there are allegations of misconduct, they should be addressed. But I think what's important to know is, that even if there is some rogue actors, people who misbehaved, the outcome of the election and the total number of electoral votes will not be changed. I think we hear bits here and bits there that things were not done properly, but at this point, the ball game is more or less over."

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