Dershowitz: Supreme Court ruling shows 'you can't count on the judiciary' if you're Team Trump

Attorney Alan DershowitzAlan Morton DershowitzDershowitz advising MyPillow CEO's lawyers in Dominion case Kushner planning book about time in Trump White House: report A victory for the Constitution, not so much for Trump MORE said the Supreme Court turning down Texas’s election lawsuit sent a message that President TrumpDonald TrumpHarry Reid reacts to Boehner book excerpt: 'We didn't mince words' Man arrested for allegedly threatening to stab undercover Asian officer in NYC Trump says GOP will take White House in 2024 in prepared speech MORE and his allies "can’t count on the judiciary" to help overturn the results of the election. 

“The three justices that President Trump appointed, his three justices, voted not to hear the case,” Dershowitz said during an interview with John Catsimatidis on his radio show on WABC 770 AM.  “I think it’s a message to him and his team that you can’t count on the judiciary, you can’t count on the courts.” 

Dershowitz, a contributor to The Hill, said the president and his allies needed a “perfect storm” in order to overturn the election results, which includes the help of the courts, state governors and secretaries of state. 


The attorney noted that time is running out for the president to pose a successful legal bid to overturn the election results. Dershowitz added that since the courts are unlikely to rule in his favor, Trump’s recourse is state legislatures, which are “very, very unlikely” to help him.

“So I suspect on Monday we will see the electors ... elect Joe BidenJoe BidenBiden eyes bigger US role in global vaccination efforts Trump says GOP will take White House in 2024 in prepared speech Kemp: Pulling All-Star game out of Atlanta will hurt business owners of color MORE,” Dershowitz said. “Whether you like that or you don’t like it, that’s the reality that the Trump team has to face.”

The Trump campaign and GOP allies have mounted a slew of legal battles in various swing states in an effort to challenge the 2020 election results. Since the beginning, legal experts have said that these battles are unlikely to go far. 

On Friday, the Supreme Court found that Texas did not show a “judicially cognizable” interest in how other states conduct their elections. It dismissed all other claims as “moot.”

While Justices Samuel AlitoSamuel AlitoTrump-era grievances could get second life at Supreme Court Supreme Court sides with Google in copyright fight against Oracle Supreme Court revives police shooting victim's suit against officers MORE and Clarence ThomasClarence ThomasTrump-era grievances could get second life at Supreme Court Joe Biden's surprising presidency Hillicon Valley: Supreme Court sides with Google in copyright fight against Oracle | Justices dismiss suit over Trump's blocking of critics on Twitter | Tim Cook hopes Parler will return to Apple Store MORE wrote in a dissenting statement that the court is obligated to hear disputes between states, they agreed with the other members in siding against Texas.


Friday’s ruling was the latest in a series of legal defeats by the president and his allies in an attempt to overturn Biden's win.  It came days after the Supreme Court declined to hear a similar GOP challenge targeted at Pennsylvania’s election results.

However, Trump’s personal attorney Rudy GiulianiRudy GiulianiGaetz hires legal counsel amid DOJ probe Georgia lieutenant governor: Giuliani election claims helped lead to new voting law Rep. Lee Zeldin announces bid for New York governor MORE said in a Newsmax interview that the campaign would present the case in district court.

“We’re not finished,” Giuliani said. “Believe me.”

John Catsimatidis is an investor in The Hill.