CLAIM: The U.S. Supreme Court heard a case last week that was expected to annul the 2020 election.
AP’S ASSESSMENT: False. The Supreme Court did not hear such a case. On Monday, the justices declined to hear a case that argues hundreds of elected officials, including President Joe Biden, Vice President Kamala Harris and former Vice President Mike Pence, should be ousted from their government positions for violating their oaths of office when they refused to investigate unfounded allegations that the 2020 race was rigged. The court has twice declined to hear a related case that cites these baseless claims, most recently on Feb. 21.
THE FACTS: Nearly 20 candidates have already announced their campaigns for the 2024 presidential election, but some on social media are still spreading erroneous allegations about legal proceedings regarding the 2020 race.
“The US Supreme Court began hearing the Brunson case yesterday Wed. 21 June, continued today 22 June and should have a decision out by Saturday 24 June,” an Instagram post states. “The result was expected to be an annulment of the 2020 Election, which would dissolve the Biden Administration and all of Congress for not investigating fraud in the 2020 Election.”
The suit — Brunson v. Adams, et al. — was previously dismissed multiple times by a lower court before the case was ordered closed, according to court documents. It was then appealed to the Supreme Court on April 19. The suit argues that Biden, Harris, Pence and 385 members of Congress violated their oaths of office when they declined to investigate baseless claims about 2020 election interference.
Further, it calls for the removal of these officials. The Supreme Court on Monday declined to hear the case.
This suit is not to be confused with one of the same name which similarly argues that Biden, Harris, Pence and 385 members of Congress committed treason when they failed to probe the unfounded allegations about the 2020 race. Two Utah brothers with the same last name each filed one of the suits. Similar false claims have also spread about this earlier suit.
The prior suit was appealed to the Supreme Court in October 2022 after being dismissed by a lower court, a decision which was upheld on appeal, according to court documents. The Supreme Court has declined to hear the case twice, most recently on Feb. 21.
In addition to calling for the ousting of officials, the prior suit requests a ban on their future ability to hold elected office, as well as “the swearing in of the legal and rightful heirs for President and Vice President of the United State,” but does not specifically name former President Donald Trump.
Aziz Huq, a professor of law at the University of Chicago who is an expert on constitutional law, previously told The Associated Press that it is unlikely the Supreme Court will ever hear such cases, given that they rely on a false narrative.
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This is part of AP’s effort to address widely shared misinformation, including work with outside companies and organizations to add factual context to misleading content that is circulating online. Learn more about fact-checking at AP.
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