After Donald Trump’s election defeat in 2020, some lawyers aligned with the Republican filed some unfortunate and unsuccessful lawsuits. But as NBC News reported, the courtroom setbacks did not mark the end of the attorney’s troubles.
The Supreme Court on Tuesday rejected appeals brought by Trump-allied lawyers who faced legal sanctions for baselessly alleging in court that the 2020 election in Michigan was fraudulently won by President Joe Biden. By rejecting the appeals, the court left in place a June 2023 ruling by the 6th U.S. Circuit Court of Appeals that partially upheld the sanctions.
In case anyone needs a refresher, let’s revisit our earlier coverage and review how we arrived at this point.
It’s no secret that in the wake of Trump’s loss, conspiracy-minded lawyers filed misguided lawsuits, hoping to help the former president. It’s also no secret that those cases failed spectacularly.
What’s less appreciated is the fact that the demise of those cases was not the final word on the subject. In Michigan, for example, Democratic Gov. Gretchen Whitmer’s administration and the city of Detroit sought penalties against several attorneys — including prominent Trump allies Sidney Powell and L. Lin Wood — who filed an outlandish anti-election case. In 2021, a federal judge agreed and sanctioned the conspiratorial lawyers.
U.S. District Judge Linda Parker concluded, “[D]espite the haze of confusion, commotion and chaos counsel intentionally attempted to create by filing this lawsuit, one thing is perfectly clear: Plaintiffs’ attorneys have scorned their oath, flouted the rules and attempted to undermine the integrity of the judiciary along the way. As such, the court is duty-bound to grant the motions for sanctions.”
Not surprisingly, that ruling was appealed, but the 6th U.S. Circuit Court of Appeals agreed that conspiratorial allegations were baseless, and while the sanctions were partially rolled back, they remained largely intact. As NBC News’ report added, “The lawyers were ordered to pay legal fees, undertake new legal training and were referred to their respective state bar associations for any disciplinary procedures.”
The lawyers appealed once more, to the U.S. Supreme Court, which this week rejected the case.
Let’s also note for context that the 6th Circuit’s ruling was one of several cases in which Republicans were sanctioned for having filed baseless election litigation.
Given the relevant details, I continue to believe this is encouraging. Courts should certainly exercise great caution before discouraging worthwhile lawsuits, but there’s also value in punishing those who clog the courts with cases that never should’ve been filed. Courtrooms are not supposed to be abused by those filing frivolous suits in pursuit of partisan theatrics. The judiciary is not a toy. There is a reasonable expectation that all litigation, even if ultimately unsuccessful, has at least some merit. When partisans file misguided cases in pursuit of scoring points, it’s hardly unreasonable to expect them to pay a price. This post revises our related earlier coverage.
Steve Benen is a producer for "The Rachel Maddow Show," the editor of MaddowBlog and an MS NOW political contributor. He's also the bestselling author of "Ministry of Truth: Democracy, Reality, and the Republicans' War on the Recent Past."
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