Trump campaign attorney Jenna Ellis said that the rejections to hear campaign election lawsuits are a denial of his right to due process under the Constitution.
“They need to recognize that President [Donald] Trump absolutely gets the same opportunities to argue his case that President George W. Bush did in 2000,” Ellis told Newsmax on Tuesday night. “And to treat him differently than every other sitting president in every other election is manifestly unfair according to due process and our Constitution.”
But Ellis said that over the past several weeks, the court has partaken in “dereliction of duty and fidelity to the U.S. Constitution by refusing to take up cases.” However, aside from the Supreme Court, “if this election and all of the fraud is not corrected by Jan. 6,” there has been a failure to handle election fraud cases in “the judicial branch the entire way down,” according to Ellis.
Trump’s lawyers are slated to bring several more lawsuits before the Supreme Court.
Ellis noted that the state legislatures in key states—if there is no remedy—have also failed in their duties. She argued that it is “a failure of the GOP in these states,” noting that the legislatures have the plenary power to certify electors under the Constitution.
The campaign on Tuesday night filed a writ of certiorari in the Supreme Court to challenge the Wisconsin Supreme Court decision that allowed about 50,000 absentee ballots to be counted. Their suit argued that it violated Article II of the Constitution and Wisconsin state law.
“The filing seeks expedited consideration before the January 6 Congressional review of the Electoral College votes. This marks the second Constitutional challenge to illegal mail voting filed by the Campaign, following a petition from Pennsylvania filed on December 20,” according to a news release from the campaign.
Trump attorney Jim Troupis said the Wisconsin high court did not “address the merits” of their arguments, according to the release.
Earlier this month, the campaign moved to challenge in the U.S. Supreme Court three Pennsylvania Supreme Court rulings that changed mail-in ballot laws in the state. However, the Supreme Court’s docket shows a Jan. 22, 2021. deadline—two days after the presidential inauguration day—for when Pennsylvania is required to respond to the request for appeal.
Time isn’t on Trump’s side as both chambers of Congress are slated to meet on Jan. 6 to count the electoral votes for all 50 states. Some House lawmakers have said they plan to object to the counting of votes in key states, although the challenge requires at least one senator.