Alan Dershowitz: ‘I Do Think that Trump Will Win the Pennsylvania Lawsuit’ if Enough Votes at Stake

Harvard Law School Professor Emeritus Alan Dershowitz, host of The Dershow, told Breitbart News on Thursday that President Donald Trump is likely to win a lawsuit his campaign filed in Pennsylvania challenging the legitimacy of mail-in ballots received after Election Day. 

Dershowitz predicted that the U.S. Supreme Court would take up the Trump campaign’s lawsuit if the number of votes being challenged are enough to change the outcome of the presidential election in Pennsylvania. 

“I do think that Trump will win the Pennsylvania lawsuit,” said Dershowitz on SiriusXM’s Breitbart News Tonight with host Joel Pollak, “namely, the lawsuit that challenges ballots that were filed before the end of Election Day but not received until after Election Day.” Dershowitz continued, 

“The [Pennsylvania] legislature had basically said no to that and the [Pennsylvania] Supreme Court said yes because of the pandemic. That may have been the right decision in some theoretical sense, but the Constitution doesn’t permit anybody in the state but the legislature to make decisions about elections.” 

“That was decided correctly in Bush versus Gore, and I think that four-to-four vote would become a five-to-four vote if the issue came before the Supreme Court and there were not disputed ballots to make a difference in the outcome of the election. That remains to be seen.”