Why has no one acknowledged— especially the Supreme Court and Trump voters— that if a sitting President is permitted to declare, based on his gut feelings and no evidence, that he won an election that he lost by 7 million actual ballots and 74 certified electoral college votes, then Biden can do so, too? And if a Vice President can overturn certified electoral college results by accepting “alternative slates of electors”, so can VP Harris. Furthermore, the Supreme Court’s lack of urgency in deciding whether Trump’s actions violated any laws or constitutional provisions in attempting to overturn the 2020 election results has now ensured that the court system will not decide the matter before the 2024 presidential election. So…, if there’s no decision that Trump couldn’t simply declare victory and submit alternative slates of electors, then there’s no decision that would prevent Biden from doing so.
Accordingly, if the Supreme Court of the United States has taken no position on the merits of these issues before the 2024 election, there appears to be no legal impediment to Biden directing Democratic allies in all 50 states to prepare alternative slates of Biden electors and give them to VP Harris in advance for safekeeping. Thus, Biden’s victory is assured.
Moreover, given his assured victory, why should Biden not declare his victory in advance rather than have everyone go through all the trouble of an expensive, protracted campaign, divisive debates, and complex, controversial presidential election processes? And Congress has already determined that promoting the storming the Capitol in an attempt to overturn an election based on a gut feeling is not an impeachable offense. Indeed, for many Republicans it was and remains a patriotic event.
So why not put us all out of the misery of another campaign between two unpopular old men and let the incumbent decide. And anyway, if it takes four years for the Supreme Court to make a decision on Trump’s actions, they can take four more years to make a decision on Biden’s declaration of victory.
Of course, this result could be upsetting to some people. It might even cause people to storm the Capitol. But whose people? Should Biden’s people storm the Capitol in support of Harris' successful implementation of Trump’s failed plan, or should Trump’s people storm the Capitol because Biden and Harris successfully did what Trump failed to do? I suppose all potential Capitol-stormers should think through their actions, as many 2020 stormers were jailed as insurrectionists. But then, it’s really only a problem for the stormers, not for the President and VP who actually create and pursue the plan.
Alternatively, perhaps the stormers should avoid the potential legal problems raised by storming the Capitol, and storm the Supreme Court instead. It’s certainly possible some people might be upset with them for ignoring the whole issue for four years. After all, they haven’t ruled yet on whether storming is anything more than free speech. Hard to know, though, who should storm the court: Trump supporters angry that Biden successfully did what Trump wanted to do? Or perhaps, Biden supporters who may fear that the Courts would belatedly declare that actual election results should be used to determine the winner?
Anyway, on the off chance that someone somewhere might be upset about all this, the Supreme Court may wish to take some actions to secure the Court building. Theoretically, one side (or both?) might choose to break into the Court during court proceedings, trash the building, enter their offices, poop in the hallways, walk off with mementos, etc. But in the end, the Court may decide that it’s all just an expression of free speech akin to pulling a fire alarm. So pull-away, freedom-lovers. The Supreme Court has your back.
P.S. There may yet be an acceptable resolution to this mess. Depending on the Supreme Court’s ruling on Presidential immunity, President Biden might be able to direct seal team 6 to abduct his opponent and take him to Guantanamo for tough questioning about his role in planning January 6, his contacts with Russia, his removal of classified documents from the White House and his refusal to return them. Really, anything at all would be fair game. It’s possible a confession to assorted crimes might be obtained (along with an NDA, ensuring details of the questioning are off limits), his withdrawal from the race announced, and his incarceration in Guantanamo arranged. All of which might allow the election to proceed, with the caveat that any potential opposition candidate would need the approval of the President. God Bless America!