https://amgreatness.com/2020/12/13/john-eastman-the-man-who-deserved-to-win/
After completing the article below on Friday, I heard the news that the Supreme Court denied Texas’s lawsuit against four states alleging a violation of Texas voters’ constitutional rights in the November election. Against the denial of standing, Justice Samuel Alio, together with Justice Clarence Thomas, argued the court had no discretion to refuse such an original jurisdiction case between two or more states, but did not comment on the case’s merits.
Chapman University law professor John C. Eastman on Wednesday moved to intervene on behalf of President Trump in the Texas suit against Pennsylvania, Georgia, Michigan, and Wisconsin. Immediately, Eastman was assailed as the man who raised the “racist birther” charge against Kamala Harris.
Having known Eastman for decades, I can attest that he is among America’s great intellectual and moral anti-racist scholars and attorneys. I have raised different issues about Harris than Eastman, but his questions about her eligibility had nothing to do with racism but instead raised fundamental questions about Article II’s eligibility requirements.
As an attorney and law professor, and in government service at the U.S. Commission on Civil Rights, Eastman has presented principled conservative arguments which are based on the Declaration of Independence and its interpretation by Abraham Lincoln.
In addition to his University of Chicago law degree, a clerkship with Clarence Thomas, and a doctorate in politics and government from Claremont Graduate University, he has had electoral forays, last contending in 2010 for the Republican nomination for attorney general in California. He came in second in that race, and Kamala Harris won her primary and narrowly became the attorney general in the November election.
As director of the Center for Constitutional Jurisprudence of the Claremont Institute, Eastman exhibited tireless energy speaking and writing, serving on boards of conservative groups and filing amicus briefs, often with former Reagan Administration Attorney General Edwin Meese.
An Eastman brief goes well beyond the ordinary competence of an amicus brief, and that is true of this brief filed on behalf of the president as well. His argument is short and, if followed, would be revolutionary, since his arguments question precedents. But this is an unprecedented situation.
Eastman summarizes the controversies involved in the four states in question, which have received much publicity—statistical anomalies in voting patterns, irregularities or even illegalities in distributing mail-in ballot applications and in securing and counting ballots, and numerous other instances of fraud and violations of election law.