Trump's Campaign Lost In Court -- Again -- Trying To Undo Biden's Win In Pennsylvania

[Gothmog]

Source: Buzzfeed

A federal appeals court on Friday handed another loss to the Trump campaign’s effort to undo President-elect Joe Biden’s win in Pennsylvania, with a judge — one of Trump’s nominees — writing that the campaign’s “claims have no merit.”

In a 3-0 decision, the US Court of Appeals for the 3rd Circuit rejected the campaign’s effort to get a do-over of its lawsuit challenging the election results in Pennsylvania, which a lower court had already tossed out last week.

“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,” Judge Stephanos Bibas wrote in a 3-0 decision from the US Court of Appeals for the 3rd Circuit.

It was the latest setback in a string of losses Trump and Republicans in Pennsylvania — where the state formally certified the results on Nov. 24 — along with other battleground states. Biden won Pennsylvania by more than 80,000 votes, according to the tally released by the secretary of state’s office.

Read more: https://www.buzzfeednews.com/article/zoetillman/trump-court-loss-pennsylvania-election

---

Link to tweet

[PJMcK]

1. I'd love to hear Trump's reaction to this news!

He must be seething with anger that one of "his" judges hadn't backed him up.

I love it when Trump is angry. He makes stupid mistakes when he's mad. It makes me smile.

[secondwind]

2. What a PUNCHABLE face.......

[Bernardo de La Paz]

6. Can we as progressives quit suggesting violence? It is not funny. This is not Coyote vs Roadrunner.

[dware]

14. ...

This is not Coyote vs Roadrunner.

I beg to differ, Pissolini is the Coyote while the Courts are the Roadrunner.

[MizLibby]

12. Isn't it tho??

[Gothmog]

3. Breaking: Third Circuit Unanimously Rejects Trump Emergency Appeal in Pennsylvania Case

From Prof Hasen https://electionlawblog.org/?p=119102

In a 21-page unanimous and scathing unpublished opinion, the Third Circuit has rejected the appeal of the Trump campaign in the Pennsylvania federal case challenging the election results. Judge Bibas, a Trump appointee, begins the opinion: “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.”

This is an utter repudiation of the Trump campaign’s ridiculous lawsuit by three Republican-appointed judges. It shows the absurdity of the litigation: besides the fact that the case was poorly lawyered—Rudy Giuliani’s oral argument was the worst I have heard in 25 years of following election law cases–the case was as weak and conclusory in its allegations of wrongdoing as it was spectacularly antidemocratic in seeking to disenfranchise all of Pennsylvania’s voters by putting the matter after the fact into the hands of the state legislature. It was an awful lawsuit, and it was right to be rejected by the court, but it is still good to see the courts hold and not allow for a lawsuit that would have overturned the results of a legitimate election on the flimsiest of pretexts.

The Trump campaign can try to take this to the Supreme Court—if it is indeed true as reported in the NY Times that Giuliani is being paid $20,000 a day for his work, why wouldn’t he?–but it will get no better reception there. As divided as the Supreme Court is ideologically, this kind of absurd and dangerous litigation will not get a friendly reception there.

[Gothmog]

4. Voters, not lawyers, choose the President

Prof. Hasen loves the last paragraphs of this ruling

Link to tweet

The opinion concludes:

Voters, not lawyers, choose the President. Ballots, not briefs, decide elections. The ballots here are governed by Pennsylvania election law. No federal law requires poll watchers or specifies where they must live or how close they may stand when votes are counted. Nor does federal law govern whether to count ballots with minor state-law defects or let voters cure those defects. Those are all issues of state law, not ones that we can hear. And earlier lawsuits have rejected those claims.

Seeking to turn those state-law claims into federal ones, the Campaign claims discrimination. But its alchemy cannot transmute lead into gold. The Campaign never alleges that any ballot was fraudulent or cast by an illegal voter. It never alleges that any defendant treated the Trump campaign or its votes worse than it treated the Biden campaign or its votes. Calling something discrimination does not make it so. The Second Amended Complaint still suffers from these core defects, so granting leave to amend would have been futile.

And there is no basis to grant the unprecedented injunction sought here. First, for the reasons already given, the Campaign is unlikely to succeed on the merits. Second, it shows no irreparable harm, offering specific challenges to many fewer ballots than the roughly 81,000-vote margin of victory. Third, the Campaign is responsible for its delay and repetitive litigation. Finally, the public interest strongly favors finality, counting every lawful voter’s vote, and not disenfranchising millions of Pennsylvania voters who voted by mail. Plus, discarding those votes could disrupt every other election on the ballot.

We will thus affirm the District Court’s denial of leave to amend, and we deny an injunction pending appeal…

.

[Cha]

20. "Voters, not lawyers, choose the President".

I love that line! TY, Goth!

[sboatcar]

5. Will SCOTUS even bother to rule on this?

nt

[Gothmog]

10. The SCOTUS needs a case or controvery to have jurisdiction

Link to tweet

[PoliticAverse]

15. If it reaches them they can just vote to not take up the issue. n/t

[regnaD kciN]

21. It only takes four justices to accept a case...

[BumRushDaShow]

7. And the idiotic reacton was "meh" we'll just go to the SCOTUS

Federal appeals court rejects Trump request to block certification of Pennsylvania’s election results

ByJon Swaine
November 27, 2020 at 1:05 p.m. EST

A federal appeals court on Friday rejected President Trump’s request for an emergency injunction to overturn the certification of Pennsylvania’s election results. The Third Circuit Court of Appeals said that the Trump campaign’s challenge of a U.S. district court’s decision had “no merit.”

The court’s sharply worded opinion was written by Judge Stephanos Bibas, who was appointed to the court by Trump. “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,” Bibas wrote.

Trump’s campaign appealed after a district court last weekend dismissed its federal lawsuit against Pennsylvania election authorities and rejected its request to revise the suit. Bibas noted in his decision on Friday that Trump’s campaign “never claims fraud or that any votes were cast by illegal voters,” and that granting Trump’s request to throw out the election results would be “grossly disproportionate.”

Jenna Ellis, a legal adviser to the Trump campaign, said in a tweet following the decision that the campaign would take its appeal to the Supreme Court. “We are very thankful to have had the opportunity to present proof and the facts to the PA state legislature,” she wrote. “On to SCOTUS!”

https://www.washingtonpost.com/politics/federal-appeals-court-rejects-trump-request-for-emergency-injunction-to-overturn-certification-of-pennsylvanias-election-results/2020/11/27/556540ba-30d7-11eb-bae0-50bb17126614_story.html

Ruling is here - https://www.washingtonpost.com/context/read-the-third-circuit-court-of-appeals-ruling-in-pennsylvania-election/e2bfd645-efb5-4862-8680-ce92c9ccf6e2/?itid=lk_interstitial_manual_6

PDF - https://context-cdn.washingtonpost.com/notes/prod/default/documents/1dc332a4-d59f-45c3-af91-a9f24f505fde/note/95e82ffa-6e25-4a8b-a493-897c591de303.#page=1

[Gothmog]

8. Federal appeals court rejects Trump request to block certification of Pennsylvania's election result

Link to tweet

A federal appeals court on Friday rejected President Trump’s request for an emergency injunction to overturn the certification of Pennsylvania’s election results.

The Third Circuit Court of Appeals said that the Trump campaign’s challenge of a U.S. district court’s decision had “no merit.”

The court’s sharply worded opinion was written by Judge Stephanos Bibas, who was appointed to the court by Trump.

“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,” Bibas wrote.

[Tactical Peek]

9. Cherry on top: Trump has to pay Pennsylvania's costs for the appeal.

southpaw @nycsouthpaw
·56m

a beautiful end to the third circuit docket sheet -- the Trump campaign will have to pay Pennsylvania's costs for the appeal

https://pbs.twimg.com/media/En2NscnXcAUdRUi?format=jpg&name=900x900

Link to tweet

[Gothmog]

11. From Marc Elias

Link to tweet

[Yo_Mama_Been_Loggin]

13. And Donny loses again

[onenote]

16. Unanimous 3-0 decision. All GOP appointees. Opinion by Trump appointee

Makes it even sweeter!!

[IllinoisBirdWatcher]

17. "Voters, not lawyers, choose the President. Ballots, not briefs, decide elections."

Quote from the UNANIMOUS DECISION written by Dumpster-appointed judge Stephanos Bibas.

The written opinion from Judge Bibas has many other scathing quotes. It is a great read.

[Gothmog]

18. My favorite lines from opinion

Link to tweet

[Cha]

19. Cheetolini Fuckhead Orange Blob

Loses Again in PA.. once wasn't enough for IT.

Aside.. god he's Ugly.

Rt.. ".., with a judge — one of Trump's nominees — writing that the campaign's "claims have no merit."

TY Goth!

[lastlib]

22. SPECIFIC allegations, proof, and evidence?? What a concept!!

I am shocked--SHOCKED, I tell ya! that they won't simply accept Dear Leader's word and throw out EVERY Biden vote as fraudulent, given his historic record of honesty, integrity, and truth-speaking. It just plain boggles my imagination!


(I don't really need this, do I? )

[superheadshot19997]

23. haha

haha donnie is cornered.

[ck4829]

24. K&R