Third Circuit Court of Appeals is equally scathing

Worth reading the judgment by the Third Circuit Court of Appeals. All three judges were appointed by Republicans, and the author was appointed by Trump. Some extracts:

  • 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 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
  • Here, the Campaign’s request fails as both inequitable and futile.
  • “Upon information and belief” is a lawyerly way of saying that the Campaign does not know that something is a fact but just suspects it or has heard it.
  • The Campaign would have us set aside 1.5 million ballots without even alleging fraud.
  • There is no allegation of fraud (let alone proof) to justify harming those millions of voters as well as other candidates.
  • Democracy depends on counting all lawful votes promptly and finally, not setting them aside without weighty proof.
  • Voters, not lawyers, choose the President. Ballots, not briefs, decide elections.

I hope they appeal the decision to SCOTUS just to see Trump’s fury when they vote the appeal down 9-0. In fact they will probably just decline to hear it.

I think the latest count is 35 losses and two minor wins in court. Incredible.

UPDATE: May now be 36-1 as the Pennsylvania Supreme Court has over-ruled a lower court on suspending certification. It was 7-0 and dismissed with prejudice.

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