The 3rd Circuit Court of Appeals has affirmed last weekend’s ruling dismissing the lawsuit brought by Team Trump in Pennsylvania that was argued by Rudy Giuliani.
Pennsylvania has already certified its election results which show President-elect Joe Biden won the Keystone State by 81,660 votes.
And Trump can’t blame the judge in this new ruling – it was one of his own nominees. The all-GOP panel agreed the case had ‘no merit.’
From the New York Times:
The 21-page ruling by the Third Circuit Court of Appeals was a complete repudiation of Mr. Trump’s effort to halt Pennsylvania’s certification process and a full-throated affirmation of a decision last Saturday by Judge Matthew W. Brann of Federal District Court in Williamsport, Penn., who dealt the Trump campaign its initial defeat in the case.
“Free, fair elections are the lifeblood of our democracy,” Judge Stephanos Bibas, a Trump appointee, wrote on behalf of the appeals court. “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.”
Trump’s lawyers have already announced they plan to appeal to the U.S. Supreme Court where Trump believes his 3 handpicked justices would give him a win.
BUT – most legal eagles doubt the high court would be willing to take up a case where the evidence is lacking and ultimately won’t change the outcome of the race. Even if SCOTUS were to take the case and rule in Trump’s favor, Biden would still have 286 votes in the Electoral College – far more than the required 270 to win the White House.
As Judge Bibas writes:
“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.”
— Steve Vladeck (@steve_vladeck) November 27, 2020
There is no chance SCOTUS will review the suit dismissed by Judge Brann seeking to block Pennsylvania’s certification. The lawyers representing the President are either delusional or intentionally misleading him and his supporters.
— SCOTUSblog (@SCOTUSblog) November 22, 2020
The US Court of Appeals has totally destroyed Trump’s claims in Pennsylvania. The opinion, written by Trump appointee Steve Bibas, is devastating. It didn’t even bother holding oral argument, saying the “claims have no merit.”
— Neal Katyal (@neal_katyal) November 27, 2020