3rd Circuit Unanimously Rejects Trump Appeal in PA Case

US Court of Appeals for the 3rd Circuit ^ | 11/27/20 | Judge Bibas

[Alter Kaker]

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.

[Jim Noble]

I doubt it. I don’t think the SC will take the case

Of course they won't.

They have no jurisdiction, they will not repeat the grave error of hearing Bush v.Gore in 2000, the special Joint Session of Congress has all the authority over disputed Electoral Votes, no other body can resolve the matter in a legal and constitutional manner.

[DoodleDawg]

It only takes four justices to grant certiorari ... so the fact that there is four conservative justices without Roberts makes me thing that if there is something that percolates that high, Thomas, Alito, Gorsuch, Barrett, and Kavenaugh will have four votes among the five to green light the hearing.

Still no guarantee the Supreme Court will take it up. When was the last time the Supreme Court took up a case that had not been decided in a lower court but was instead dismissed by lower courts at every level?

[kiryandil]

I'm following the 900 Fulton County GA military vote story - ALL for Biden...

All 900 Military Ballots In Fulton County [Georgia] Were 100% For Joe Biden (Photo)
November 27, 2020
https://www.freerepublic.com/focus/f-bloggers/3910009/posts

[nwrep]

Was the hearing today? Do you have a link? Thanks.

[gas_dr]

There you go pointing out what the original intent of the constitution is...Shame on you :-)

[gas_dr]

Thank you for the education. I genuinely appreciate it!

[Jim Noble]

The process of appointing electors DELIBERATELY excluded all three branches of the Federal government.

Now why do you suppose they did that?

[odawg]

Jenna Ellis tweet:

“The activist judicial machinery in Pennsylvania continues to cover up the allegations of massive fraud.”

So why did Giulani say this was not a fraud case? Still very confused.

[Cen-Tejas]

https://welovetrump.com/2020/11/26/giuliani-at-pa-election-hearing-youve-sent-out-1-8-million-ballots-and-the-number-you-counted-is-2-5-million/

[JohnnyP]

FOX Business just gloated about this.

[PghBaldy]

Rudy was talking about fraud in Gettysburg. Not sure why not in legal cases.

[Lion Den Dan]

I started to dispute with you but then noticed your name. No need, Rummy.

[hawkaw]

It’s pretty bad when you can’t convince an all republican group of Judges and they tell the lawyers that they didn’t present any substantial evidence. I don’t know how the supremes will even want to hear this case.

[Agamemnon]

Alito is 3rd Circuit, not District. He alone and his ruling is at a higher level than these 3 District justices are collectively, ruling in their District.

Trump appeals to 3rd Circuit to overturn District. Alito will rule to way he is certain the USSC will ultimately rule en banc when (D)'s appeal to USSC.

USSC decision sets the precedent for other DIstricts an Circuits.

With success in 3rd, this will repeat for MI (Kavnaugh is 6th circuit), WI (ACB is 7th Circuit), NM (Gorsuch is 8th Circuit), GA (Thomas is 11th Circuit). Only one that might not go well is AZ (Kagan, 9th Circuit), but if precedent is set in other Circuits, the need for success in the 9th may be moot. For what it's worth Roberts presides over 4th Dist which includes VA - and a challenge may be coming there according to Rudy.

FReegards!

[Trump Girl Kit Cat]

ALITO in charge of SC in PA. VERY GOOD NEWS!!!{ ALITO has been all over this BS from the get go HOWEVER I believe the legislators are going to grow a spine and override the certification!!! I believe their trip to the WH may have included IN REAL TIME EVIDENCE Trump can declass any damn thing he wants AND probably asked them to remain quiet!!!

[gas_dr]

Because in my judgment the framers were freaking geniuses. We have a republic but some among us here are not wanting to keep it.

[OldGoatCPO]

If the case is so weak, despite PA twice ignoring Alito’s instructions, the SCOTUS may not take the case.

PA is the lynch pin. All scenarios require Trump to take PA. The greatest and most obvious fraud occurred in PA. Then we need two others, either WI, MI, GA, AZ and/or NV.

[mewzilla]

Could it be because they didn’t want to disclose more of what they’ve got in a venue they were likely to lose on the way to the SCOTUS...?

[dp0622]

Now don’t get in the way of people bashing giuliani, who gave a stunning performance the other day in pennsylvania. Probably the performance that gives us the best chance of a legislature giving the electoral votes to the Republican.

Many don’t like him here for his views on certain things. Who the hell cares what his views are on those things? He’s not affecting them right now. Idiots.

[lone star annie]

So these brilliant Judicial scholars overrode the Constitution and said it is A-OK to have some hacks in state gov in PA to change election laws? They are worthless!