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

Attorney Alan DershowitzAlan Morton DershowitzHow to mess with Texas' anti-abortion bounty? Apply it to gun sales Those calls to impeach Biden: As wrong as they were with Trump Larry David, Alan Dershowitz get into verbal altercation at grocery store MORE said the Supreme Court turning down Texas’s election lawsuit sent a message that President TrumpDonald TrumpUN meeting with US, France canceled over scheduling issue Trump sues NYT, Mary Trump over story on tax history McConnell, Shelby offer government funding bill without debt ceiling 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 BidenUN meeting with US, France canceled over scheduling issue Schumer moves to break GOP blockade on Biden's State picks GOP Rep. Cawthorn likens vaccine mandates to 'modern-day segregation' 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 AlitoThe Hill's Morning Report - Presented by AT&T - Supreme Court lets Texas abortion law stand Biden rips 'extreme' new Texas abortion law Six-week abortion ban goes into effect in Texas MORE and Clarence ThomasClarence ThomasClarence Thomas warns against 'destroying our institutions,' defends the Supreme Court Supreme Court returning to courtroom for arguments The Hill's Morning Report - Presented by AT&T - Supreme Court lets Texas abortion law stand 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 GiulianiEric Trump lawyer in New York attorney general's fraud case quits Trump campaign knew soon after election that voting machine claims were false: report Trump lawyer offered six-point plan for Pence to overturn election: book 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.