Edited & Excerpted
from Mark's comments
on his Tuesday radio show:
An order was issued 40 minutes after the last brief was filed by the United States Supreme Court. In other words, it had already made up its mind in the case of Pennsylvania.
It said "the application for injunctive relief presented to Justice Alito and by him referred to the court is denied." That's it. Now, why did they do that? Now, I'm going to tell you why I think this took place. This was a open and shut case but I think the Supreme Court justices now, I think they're very fearful.
I think they're fearful the way Justice Owen Roberts became fearful after FDR tried to pack the Supreme Court. And then the Supreme Court would issue rulings five to four. five to four, five to four over and over again with Owen Roberts switching in support of FDR's programs; before that, they were knocking them down because FDR threatened to pack the court. He wanted to add six seats, six.
This court knows full well if Biden's president & Democrats win two seats in Georgia, that there's really no way to stop the Democrats from actually packing the court, FDR couldn't do it, but they could. And I think this is a constant in their thinking.
I think these justices sat in their conference room and had a long talk, not so much about the law and the Constitution but about politics and the political ramification of what would happen to their institution, which is now being threatened, and they made a fundamentally and historically devastating decision to duck.
What will happen now is any state Supreme Court and any state legislature can change election laws lawlessly, whether they violate their own constitution or whether they violate Article Two of the Constitution and they know the United States Supreme Court will do nothing. Nothing.
And so this will create further chaos and further division in this country. Because they made, in my view, a terrible decision. Now, that doesn't mean the petitioners can't file a writ of certiorari for the entire case to be heard. Remember, this was up on an emergency appeal for an injunction. I don't know what they'll do. But I suspect it's likely the same result.
Many people are very excited about the case brought by the state of Texas, being joined by other states, suing states like Pennsylvania and Georgia. What makes you think because the United States Supreme Court is taking that case there'll be a just result when they just ducked an opportunity to address an open and shut case?
But these justices are fearful about what's going to happen. I think they think we'll lose Georgia and think Biden will be sworn in. And I think they think taking any step to enforce the federal Constitution against a lawless Democrat Party, state supreme courts, and so forth, acting on behalf of the Biden campaign and the Democrat Party, will further instigate actions against the Supreme Court and perhaps the judiciary.
That's my view. It's a terrible state of affairs. They do this in one sentence because they can't justify what they did. What are they going to say? At least when you reject this emergency injunctive relief request, have the intellectual integrity to explain it.
They don't. They leave it to legal analysts and bloggers to try and figure it out. I'm just not sanguine the Texas case will reach any better result as a result of the things I'm explaining to you. I think this court is hiding under the proverbial table.