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To: The Pack Knight

Ok, I have not followed all the various court cases that have been filed. Has anyone who does have standing filed suits? Are these suits still in play or have they been dismissed as well?


176 posted on 03/09/2021 6:15:16 AM PST by Bishop_Malachi (Liberal Socialism - A philosophy which advocates spreading a low standard of living equally.)
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To: Bishop_Malachi
None that I am aware of. I think the last was Trump v. Raffensperger the election challenge filed in Fulton County, GA, which Trump voluntarily dismissed on January 7. And that's a key: Many, if not most, election lawsuits brought by Trump were voluntarily dismissed by Trump himself, not the judge.

The relatively few that were dismissed by the judge were dismissed for various reasons, such as failure to state a legal claim, lack of jurisdiction because they filed in the wrong court (such as bringing a state-law election challenge in federal court, or, as happened in Georgia, bringing a challenge directly in the state supreme court rather than in the state trial court).

Contrary to the claims of some of Trump's lawyers, courts actually did consider evidence presented by Trump in most, if not all, of the contested states. In fact, I have yet to find a single election challenge filed by Trump or his elector candidates in state court where the court dismissed it without considering evidence. The closest was a case in Michigan, where they held that you could not sue to enjoin the canvassing board from certifying the results based on a challenge that the election was fraudulent, and that the only avenue to make such a challenge under Michigan law was a quo warranto suit challenging the validity of the elector's election. For whatever reason, Trump never filed a quo warranto suit in Michigan as the court suggested.

One important case is pending, although it does not directly involve the Presidential election. I mentioned before that the federal court in Pennsylvania dismissed Trump's Electors Clause claim for lack of standing based on a prior 3rd Circuit case, and that Trump did not argue against that point and didn't challenge it on appeal. That prior 3rd Circuit case, Bognet v. Boockvar, involves a Congressional candidate challenging his election on the basis that the Pennsylvania Supreme Court violated the Elections Clause (the Article I counterpart to the Electors Clause) by extending the deadline to receive mail-in ballots. The 3rd Circuit held that he lacked standing, because, it reasoned, only the state legislature itself has standing to sue for the usurpation of its power under the Elections or Electors Clauses. That case remains pending before the US Supreme Court--SCOTUS has not yet granted or denied the petition for cert.

180 posted on 03/09/2021 8:08:47 AM PST by The Pack Knight
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To: Bishop_Malachi
Has anyone who does have standing filed suits? Are these suits still in play or have they been dismissed as well?

Donald trump and the Trump campaign have standing. Both filed suits in all of the contested states. All of those suits were dismissed (in several cases, by Trump-appointed judges)-- mainly for failure to sufficiently allege fraud-- and the dismissals were affirmed on appeal. The Supreme Court declined to review those decisions.

184 posted on 03/11/2021 4:30:11 PM PST by Lurking Libertarian (Non sub homine, sed sub Deo et lege)
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