Wisconsin Supreme Court takes up Trump case after circuit court judge dismissed

Court to begin oral hearings Saturday as the Trump legal team races against the clock

The Wisconsin Supreme Court has taken on a case by President Trump’s legal team, seeking to have hundreds of thousands of ballots in Democratic Dane and Milwaukee Counties thrown out, even after a circuit court judge dismissed the case Friday.

The latest suit is an attempt by the Trump campaign to stop the Electoral College vote Monday, an effort that seemed like another fruitless attempt when it was dismissed by the circuit court judge earlier in the day and after a string of cases that have been thrown out in lower and high courts throughout the country.

Oral arguments are set to begin Saturday, in an unusually quick turnaround as the state’s high court races against the clock.

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Reserve Judge Stephen Simanek ruled against the argument Trump’s legal team made earlier in the day, alleging election officials in the two Democrat-led counties failed to follow state laws regarding absentee ballots.

“The bottom line here is that the court should do everything to ensure that the will of the voters prevail,” Simanek said during Friday’s hearing.

Wisconsin certified its results Nov. 30, showing that Trump lost the swing state to President-elect Joe Biden by 20,600 votes.

The Trump campaign quickly appealed the ruling and asked for a decision by Jan. 6, 2021, which they claim is the “real deadline” as it is when Congress approves the Electoral College’s votes – though the almost immediate oral arguments set to begin Saturday, shows that the state's Supreme Court may disagree with that line of thought and attempt to have a decision sooner.

The Trump campaign is hoping to garner support from Congressional Republicans and challenge the election results come Jan. 6.

Rep. Mo Brooks, R-Ala., has already said he intends to challenge the results, though unless he is able to get a Republican Senator to join in with him, the challenge will be purely symbolic, reported Politico.

Even if one Republican representative and senator join in the objection, it is unlikely Congress would overturn the results, which is expected to give Biden 306 votes in the Electoral College to Trumps 232  votes.

Trump’s legal team has also requested that the state’s electorate cast their vote in favor of Trump, not Biden, despite no court ruling having found any ballots illegal or fraudulent.

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John Devaney, a Biden attorney, argued that no evidence has been presented that shows fraud in the Wisconsin election and that the ballots cast were done so “in full compliance of the laws that were in effect at the time of the election.” 

He also pointed out that Trump’s legal team did not raise any objections to the counties’ election laws prior to losing on Election Day.

The Associated Press contributed to this report.