SCOTUS Lawsuit to Invalidate Election is Dubious

I previously reported on a lawsuit on the docket of the SCOTUS to invalidate the 2016 U.S. Presidential Election, on the basis of Russian hacking. I finally had time to get an opinion about this from a friend of mine who is an attorney (albeit one who does not specialize in election law). His response:

Legally, there is no evidence that Russia did something that actually changed the outcome of the election in an illegal manner, such as tinkering with voting machines or causing persons not legally eligible to vote to do so. 

If the Russians had exercised the same level of behavior on Hillary’s behalf over the past year, like they in fact did for Trump, and Trump had lost and filed an identical lawsuit, we would all say it has no chance of succeeding. 

The legal standards must be uniform regardless of partisan political preferences.

This is consistent with what blogger Ed Brayton has written about the prospects for this case. (Spoiler: not good.)


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