Last updated on January 7, 2021
Many of the election lawsuit challenges brought by Trump and his allies have been dismissed under a somewhat obscure to the public, but fundamental in the law, doctrine known as “standing.” I would need a lot of space to fully describe the standing doctrine, but at core what it is requires is that a plaintiff show that he, she or it suffered an actual injury caused by the other party that can actually be addressed by the court. That’s a little dry. More plain spoken, under the Constitution, the courts are not available to redress general grievances, air political disputes or respond to someone’s personal belief that “things should have gone another way.” In other words, you don't get to just walk into court and complain about something.
With their standing problem, I’ve noticed Republicans coalescing around an argument that courts have “dodged” the 2020 election issues or “refused to address their arguments on the merits.”
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