FACT CHECK: Is The Supreme Court Going To Put Trump Back In Office This October?

Christine Sellers | Fact Check Reporter

A TikTok video shared on Facebook claims an upcoming Supreme Court (SCOTUS) case will reinstate former President Donald Trump.

Verdict: False

While there will be a case arguing election law, the claim regarding Trump’s reinstatement is false. Election law experts stated that the case’s outcome would not affect past elections.

Fact Check:

SCOTUS is set to hear arguments regarding a controversial election law case, Moore V. Harper, that could have major impacts on how federal elections are conducted, according to NPR. Republican North Carolina legislative leaders argue that the state court’s decision to overrule a congressional map was “irreconcilable” with the U.S. Constitution, The Carolina Journal reported.

The Facebook video, viewed over 11,000 times, claims the high court will put Trump back in office.

“When [the Supreme Court comes] back, they’re actually going to take a case about election law, particularly the power of the courts versus the legislature in each state,” the speaker says in the video.

The speaker references the NPR article, also including headlines regarding the rejection of 2020 election results in Maricopa County in Arizona and a ban on ballot drop boxes in Wisconsin. The speaker concludes by showing a TRUTH Social post from Trump, which claims the election was stolen due to changes that were not approved by state legislatures.

“This is Donald Trump saying to us that the Supreme Court is going to put him back into the office of the presidency in October,” he alleges. (RELATED: Did The Supreme Court Overturn The 2020 Election?)

The claim is baseless. The SCOTUS case challenges the constitutional concept of “independent state legislature theory,” which maintains that state courts should not interfere in elections, according to independent analysis site SCOTUSBlog. The Supreme Court will examine the concept in relation to North Carolina’s attempt to adopt a new congressional map this past redistricting cycle, the blog states.

“Moore v. Harper will not and cannot lead to a reopening of the 2020 election,” Nate Persily, an election law expert and professor at Stanford University, told Check Your Fact in an email. “The cases challenging that election have been litigated and decided.”

“Nothing in Moore v. Harper, a case about the North Carolina redistricting process, will lead a court to overturn the 2020 election results,” Persily wrote. “The case might affect elections going forward and the kinds of claims that could be made in federal court in response to state court decisions related to the manner of choosing presidential electors, but it will not lead to a re-litigation of cases from 2020 that have already been resolved on their merits.”

“Whatever the Supreme Court decides in Moore v. Harper, that will not affect the outcome of the 2020 election,” Richard Briffault, an election law expert and professor at Columbia University told Check Your Fact in an email, concurring with Persily’s view.

“The election is done. The electoral votes have been cast and counted and accepted by Congress. The election is over,” he said.

This is not the first time incorrect claims of Trump’s reinstatement as president have circulated on social media. Check Your Fact previously debunked a claim from November 2021 suggesting the White House admitted the former president “will be back soon.”

Christine Sellers

Fact Check Reporter
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