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From Wiki: On July 24, 2008, President Bush formally nominated Diamond to the United States Court of Appeals for the Third Circuit, in conjunction with Pratter's withdrawal. Since Diamond was nominated after July 1, 2008, the unofficial start date of the Thurmond Rule during a presidential election year, no hearings were scheduled on his nomination, and the nomination was returned to Bush at the end of his term.

IOW, Diamond received no hearing in the same way that Garland received no hearing....because such appointments are held for the next president to decide.

I don't know the law in question, but in my mind, there are 2 issues.

1. Stein is not aggrieved in any way that I can see, and especially since she herself has admitted there is no evidence of fraud.

2. Stein is clearly attempting to avoid state law and not go through the PA process that is reasonable in terms of payment of recount costs.

[circlecity]

"2. Stein is clearly attempting to avoid state law and not go through the PA process that is reasonable in terms of payment of recount costs."

Stein missed the deadline for demanding a recount and is now asking the Federal Court to bail her out and order a recount anyway. She still hasn't produced a shred of evidence a recount is needed or merited.