Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

To: The Pack Knight

Duh?

If you do not think this Appeal is distinct from getting to trial , you are Duh? What?

The expedited discovery order is the prize.

I have no doubt that it will be attained:

Pierce the Veils of Secrecy constructed by the Dems!
Then we will see which birds come home to roost.

After discovery there will be a motion for injunctive relief, if not granted then it will be an appeal again to the 3rd circuit, and then to SCOTUS as necessary.

GO TRUMP!


24 posted on 11/24/2020 9:20:06 AM PST by Candor7 ((Obama Fascism:http://www.americanthinker.com/2009/05/barack_obama_the_quintessentia_1.html) )
[ Post Reply | Private Reply | To 23 | View Replies ]


To: Candor7

Who said anything about getting to trial? Do you know what a trial court is, as opposed to an appellate court? Do you know that discovery is something that happens in a trial court and not an appellate court? Do you know that a court does not have to allow discovery before determining g whether the plaintiff has stated a claim or has alleged facts establishing standing and the other components of subject matter jurisdiction?

The Trump campaign and the voter plaintiffs only get discovery, expedited or otherwise, if either the 3rd Circuit or SCOTUS reverse Judge Brann’s dismissal of their two remaining claims and remand the case to the trial court, Judge Brann’s court. These were the claims asserting that Philadelphia County’s allowing mail-in voters to “cure” defective ballots violated the Electors and Elections Clauses and the Equal Protection Clause—the plaintiffs voluntarily abandoned their other claims, including their claims alleging voter fraud.

The 3rd Circuit already held that voters and candidates lack standing to bring these claims in the Bognet case from two weeks ago, so they will almost certainly affirm Judge Brann’s order. I doubt SCOTUS will rule differently. Bush v. Gore never addressed standing to sue over an Electors Clause violation, and the Bognet case makes a pretty compelling argument that only the state legislature has standing to sue over the usurpation of its power to determine how electors are appointed. The Equal Protection claim is, frankly, a crazy one and there’s no way a conservative judge will buy it.

Maybe Trump has a chance to pull this out, but it is not happening through this case. I think the Trump Campaign knows this, which is why they allowed their real election lawyers to withdraw without much of a fuss.


25 posted on 11/24/2020 7:15:49 PM PST by The Pack Knight
[ Post Reply | Private Reply | To 24 | View Replies ]

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson