Rudy Giuliani says President Donald Trump’s legal battle will go on despite the Supreme Court rejecting a bid Friday from Texas’ attorney general to block the ballots of millions of voters in battleground states that went in favor of Joe Biden.
“The case wasn’t rejected on the merits, the case was rejected on standing,” Giuliani said Friday during an appearance on Newsmax TV’s “Stinchfield.”
“The answer to that is to bring the case now in the district court by the president, by some of the electors, alleging the same facts where there would be standing and therefore get a hearing.”
The court’s order was issued with no public dissents. The Electoral College will convene Monday to affirm Biden’s win.
“The worst part of this is, basically the courts are saying they want to stay out of this, and they don’t want to give us a hearing and they don’t want the American people to hear these facts.,” said Giuliani.
“That’s a terrible, terrible mistake. These facts will remain an open sore in our history unless they don’t get resolved. They need to be heard, they need to be aired and somebody needs to make a decision on whether they’re true or false and some court’s going to have the courage to make that decision.”
The lawsuit, brought by Texas Attorney General Ken Paxton, sought to sue Pennsylvania, Georgia, Wisconsin and Michigan and invalidate their election results. The Supreme Court said Texas had not demonstrated “a judicially cognizable interest in the manner in which another State conducts its elections.”
— Donald J. Trump (@realDonaldTrump) December 11, 2020
Rudy Giuliani, an attorney for President Trump, told Fox News’ “Hannity” Friday night that the president’s legal team isn’t done with its elections challenges.
“The people of this country are entitled to a hearing on this,” he said. “They should have at least given us a hearing so that we can present our facts and not just pushed it off to the side so no one would ever get to hear these facts.”
The court did not provide a complete vote breakdown, so its unclear how Trump’s nominees, Justices Neil Gorsuch, Brett Kavanaugh and Amy Coney Barrett may have voted on the appael.
Texas on Friday morning had filed a “reply brief” with the Supreme Court, asking the tribunal to hear its lawsuit.
The “briefing stage” of Supreme Court litigation consists of the first party, in this instance, Texas, asking the court to hear the case. Then opposition briefs are filed by those on the other side of the case. Then the first party is allowed to file a “reply brief,” which Texas did Friday morning.
“Defendant States do not seriously address grave issues that Texas raises, choosing to hide behind other court venues and decisions in which Texas could not participate and to mischaracterize both the relief that Texas seeks and the justification for that relief,” the Texas brief says of the opposition briefs filed by Wisconsin, Pennsylvania, Michigan and Georgia Thursday.
Texas continues: “An injunction should issue because Defendant States have not—and cannot—defend their actions.”