So, hmm, what about this? Goes to SCOTUS if they decide to take it?
3rd Circuit Unanimously Rejects Trump Appeal in PA Case
Free, fair elections are the lifeblood of our democracy. Charges of unfairness are serious. But calling an election unfair does not make it so. Charges require specific allegations and then proof.
We have neither here. The Trump Presidential Campaign asserts that Pennsylvania’s 2020 election was unfair. But as lawyer Rudolph Giuliani stressed, the Campaign “doesn’t plead fraud. . . . [T]his is not a fraud case.” Instead, it objects that Pennsylvania’s Secretary of State and some counties restricted poll watchers and let voters fix technical defects in their mail-in ballots. It offers nothing more.
This case is not about whether those claims are true. Rather, the Campaign appeals on a very narrow ground: whether the District Court abused its discretion in not letting the Campaign amend its complaint a second time. It did not. Most of the claims in the Second Amended Complaint boil down to issues of state law. But Pennsylvania law is willing to overlook many technical defects. It favors counting votes as long as there is no fraud. Indeed, the Campaign has already litigated and lost many of these issues in state courts.
The Campaign tries to repackage these state-law claims as unconstitutional discrimination. Yet its allegations are vague and conclusory. It never alleges that anyone treated the Trump campaign or Trump votes worse than it treated the Biden campaign or Biden votes. And federal law does not require poll watchers or specify how they may observe. It also says nothing about curing technical state-law errors in ballots. Each of these defects is fatal, and the proposed Second Amended Complaint does not fix them. So the District Court properly denied leave to amend again.
Nor does the Campaign deserve an injunction to undo Pennsylvania’s certification of its votes. The Campaign’s claims have no merit. The number of ballots it specifically challenges is far smaller than the roughly 81,000-vote margin of victory. And it never claims fraud or that any votes were cast by illegal voters. Plus, tossing out millions of mail-in ballots would be drastic and unprecedented, disenfranchising a huge swath of the electorate and upsetting all down-ballot races too. That remedy would be grossly disproportionate to the procedural challenges raised. So we deny the motion for an injunction pending appeal.
This is an opinion of a three judge panel, composed of two judges appointed by George W. Bush and one appointed by Donald Trump. Judge Bibas, who wrote the opinion, was appointed by President Trump. The opinion can now be appealed to the full 3rd Circuit or to the US Supreme Court.
1 posted on 11/27/2020, 11:53:45 AM by Alter Kaker
https://freerepublic.com/focus/f-news/3910068/plays
If you commented on this, I didn’t see it. Thanks
#FISA NEW + NOW: 59-page lawsuit @carterwpage “seeks relief for Defendents' (Comey, McCabe, Clinesmith, Strzok, Page among others) multiple violations of his Constitutional + other legal rights in connection with unlawful surveillance...Dr. Page was targeted because of his lawful pic.twitter.com/oIrOsBSPPe— Catherine Herridge (@CBS_Herridge) November 27, 2020
association with the 2016 Presidential campaign of @realDonaldTrump ” READ #75 million
Rudy Giuliani will be on Greg Kelly Reports. 7:15 P.M. @newsmax— Donald J. Trump (@realDonaldTrump) November 28, 2020
Tic tax Toe. Must alternate X & O to get to scotus. Don’t draw a line until game is OVUH. Right now there is competition to see which one gets the naming rights. All will probably be heard together. They just want their name on case law. Think. Roe vs Wade. Brown vs Board of Education etc
I see a pattern that the younger lawyers are allowing the older Rudy and Wood lead the pack probably for that reason. Let them have the recognition
That’s Sam Alitos (friend of Mary Anne Trump Berry) district. He told them twice to stop counting and they ignored him. Could be the lower court is setting PA up so Alito can put some meat behind his contempt of Court! I’d hide if I were in PA election official.