Quote:
Originally Posted by Rococo
If the SCOTUS had refused to hear the case, or had ruled that its hands were tied because of division of powers, etc., I think the country would have been on the path to significant violence -- including but not limited to violence directed at politicians, SCOTUS justices, etc.
My guess is that the prospect of the country in flames would have induced at least five justices to issue some sort of results oriented SCOTUS decision that recognized some sort of implicit process in the Constitution to seat Biden as president. And Trump lacked the support of institutions like the Secret Service and the military to stay in power by force in the face of an adverse SCOTUS decision.
But I agree that there is no way to know for sure.
I absolutely think the SCOTUS would have heard the case due to the reason you say. The violence would have already begun and the Trump camp was actually counting on that.
As soon as Pence, either by his choice or via being forced by the mob to miss the Constitutional count window, Trump and 'R' congresspersons would have immediately said the Election is not concluded and there is no new POTUS per the Constitution since the Electors were not received in to the Senate. They would then immediately call for the process to switch to a Contingent Election, decided by the House, and start the process and call for the vote, which the Republicans would win, reinstating Trump.
Citizens seeing this would lead to Trump stealing the election would have hit the streets in mass numbers instantly along with likely rioting around the edges.
Trump then planned to institute martial law, calling that an attempted coup against his rightful gov't. Meanwhile the Dems would be trying to get the SCOTUS to weigh in quickly.
But the pressure on Biden and the Dems by Trump et al would be to simply get Biden to concede for the 'sake or peace' and 'not tearing apart the country'. It was what Al Gore did seeing the potential for division should he keep fighting.
Ultimately that is what Trump et al were betting on more than anything else. That with seeing Trump slamming the various forced against citizens, in a very Tiananmen Square type way would horrify the Dem's so much they would concede for Peace.
Would Biden and the Dems? WHo knows. You would have Trump and the 'R' congresspeople saying the Dems are trying to steal the election by defying the Constitution and trying to have the SCOTUS interfere where they have no role, due to separation of Powers, when they, the 'R's', were willing to follow the Constitution and you would have Biden and the Dems saying Trump and Co were trying to steal the election they lost. And you would have masses of Trump's deplorables racing to 'fight for him' and gleefully killing Dem supporters and rioters.
And then what if the SCOTUS rules for Biden but Trump gives them the middle finger too? He has the Constitution behind him and the Dem's have SCOTUS behind them. Who blinks as the violence rages?
I see very little chance that it plays out other than the above. That was certainly the Trump plan but how the Dems react and fight is the unknown.