I will risk being called an utter fool but I speculate — if you really want to argue your case before the Supreme Court, isn’t it somewhat useful to lose in the lower courts, so that you can appeal your way up?
No you are right on!
Yes, it is useful... but in any case someone should let them know the error in the Counties listed in the suit, in case they don’t want to lose it that way.
Shoot a message to Rudy— “hey, you know the counties are wrong— not a one in Michigan?”.
This type of loss isn’t what gets it kicked up the chain.
They can fix this..but it makes them look like dumb
oh please! No it is not a strategy to screw up so that you lose.
How about winning, not losing, in lower court. You’ve won. Losing side can appeal if it wants to but you are going into the appeal as a winner, not a loser. Appeal Courts rarely hear evidence, their job is to evaluate whether lower court erred in some fashion. To say you want to lose is just plain dumb.
Given the state and appellate courts are typically littered with liberal judges, I'd simply add to your point that it's probably in the best interests of Team Trump to fail forward as fast as possible to get to the USSC. Can't let the State and Appellate courts drag this out and run out the clock.
Speaking as a retired appellate lawyer with 42 years experience:
(a) You are always better off on appeal if you won below; no one loses on purpose just so they can appeal;
(b) If you have to appeal, it really doesn't help you if you lost because your factual allegations were laughably incorrect.
He said they want to deliberately lose some of the lower court cases to expedite their case up the line to the Supreme Court.
Or there’s a mole on the team