President Donald Trump's attorney Rudy Giuliani was "brilliant" with his argument and press conference earlier this week, because he is laying out an equal protection argument that could be taken up in the Supreme Court, political analyst Dick Morris told Newsmax TV Saturday night.
"It isn't a matter for the federal courts whether the election was fraudulent; it's a matter of whether certain voters were treated differently than others," Morris told Newsmax TV's Rob Schmitt. "You can get away with almost anything in the cities than you can in the rest of the state. That is a situation of equal protection under the law, which triggers the Supreme Court review."
He also pointed out that the Supreme Court on Friday made a "crucial" move when it assigned each justice to a separate group of circuit courts to handle emergency appeals that could pop up there. The jurisdictions were posted on Twitter by the website SCOTUSBlog.
"Justice (Samuel) Alito, for example, he was the one that intervened in Pennsylvania to ask that the ballots be counted, the signatures are verified, and that Republicans be allowed access," said Morris. "That's because Pennsylvania is part of his jurisdiction."
He added that circuits in Wisconsin, Michigan, Pennsylvania and Georgia all have Trump-appointed justices assigned and that's "very important" as the cases move forward.
"What we have to understand is elections are run by states, not by the federal government," said Morris. "Guliani is making a very compelling case."
For example, in Philadelphia, "you could vote without signing anything. The signature wasn't vetted...all kinds of ballots would be accepted that were not accepted in Harrisburg or in Wilkes Barre or some other community in Pennsylvania."
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