Even as the campaign lawsuits brought by President Trump over the 2020 election enter their death throes, many people continue to worry that Mr. Trump will find three Republican legislatures to magically snatch victory from the jaws of defeat. They are concerned that he will pull off an antidemocratic hat trick through maneuvers like delaying recounts in Wisconsin and blocking certification in Michigan to allow these legislatures to submit competing slates of electors to Congress. The goal is to prevent Joe Biden from securing the Electoral College votes he needs on Jan. 6 for Congress to declare him president.
The good news is that there is no real prospect that Mr. Trump can avoid a reluctant handover of power on Jan. 20. The bad news is that Mr. Trump’s wildly unsubstantiated claims of a vast voter fraud conspiracy and the litigation he has brought against voting rights have done — and will increasingly do — serious damage to our democracy. Our problems will deepen, in particular, because Mr. Trump’s litigation strategy has led to the emergence of a voter-hostile jurisprudence in the federal courts. New judicial doctrines will put more power in the hands of Republican legislatures to suppress the vote and take voters, state courts and federal courts out of key backstop roles.
