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LetMyPeopleVote

LetMyPeopleVote's Journal
LetMyPeopleVote's Journal
November 27, 2020

Voters, not lawyers, choose the President

Prof. Hasen loves the last paragraphs of this ruling https://twitter.com/ConnorMEwing/status/1332384336319016960

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…
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November 27, 2020

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

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



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