THE SUPREME COURT CONUNDRUM OVER TEXAS’ LAWSUIT: A PERSPECTIVE
by Gennady Shkliarevsky
Texas has initiated a lawsuit that brings concerns about the election for consideration by the Supreme Court. Eighteen states—not an insignificant number—have decided to support this suit. Twenty-six states oppose the suit; they feel that the concerns are unfounded and should be dismissed by the Supreme Court.
Those who oppose the lawsuit are either misguided or irresponsible. The concerns are real. Indeed a large segment of the American public feels that the election involved fraud. One may agree or disagree with these facts but they certainly cannot be dismissed offhand and must be considered. The reason is not only legal but also political.
In this case, the involvement by the Supreme Court is a must because the consequences of the refusal will be dire. The recourse to the Supreme Court represents the effort to stick to the rule of law. The refusal to consider the complaints will open the path to violence and that’s the main reason why the Supreme Court must get involved.
Those who oppose the lawsuit are acting foolishly and irresponsibly. What is their plan B in case the Supreme Court agrees with them and refuses to consider the concerns listed in the lawsuit? If they believe that the problem will simply go away, they are stupid. They do not understand the current political situation and the level of discontent in the country. What are they prepared to do if the problem will not go away, which is a very real possibility? Are they prepared to use force? What do they have at their disposal? The army may very well refuse to suppress the American people. The police is demoralized and effectively rendered impotent. At the same time, those who insist that the election was fraudulent have weapons. If force is used against them, they are likely to resist force too.
This is the conundrum we face. The only path that has a chance for a peaceful solution is for the Supreme Court to address the concerns that the lawsuit brings to it. This is the only way to preserve the rule of law and avoid a continued confrontation that may grow into a full-fledged armed conflict. Those who oppose this path show their true colors. No matter what their subjective motivations are in opposing the lawsuit, these motivations have nothing to do with the interests of this country and its people; they have nothing to do with the real political situation in America. Either these motivations have roots in partisanship or in the vague and totally misguided expectations that the current situation will simply calm down by itself. The opponents of the lawsuit are either treasonous or irresponsible or both.
Dr .Gennady Shkliarevskyif Professor Emeritus at Bard College, New York.