The new, and only remaining, Trumpian strategy is to try to use confusion to run out the clock and make states fail to certify. This is VERY unlikely to succeed, but there will likely be a post-Thanksgiving litigation blitz in states where they're voluntarily dismissing now.
We're already seeing some of this in how the Trumpistas are proceeding in Pennsylvania. Late filings, multiple amended complaints, deleting and restoring claims, arguing things not in pleadings, and generally attempting to run out the clock.
Judges dislike sanctions motions, and the safe harbor timeline makes Rule 11 difficult, but this "litigation" strategy seems to be the *exact* thing that 28 U.S.C. § 1927 is intended to prevent, and I'd dearly love to see @marceelias and his team push for sanctions on this basis.
Here's what I think is happening. Trump was about to lose the Michigan suit. So they're using the (almost certainly legally ineffective) attempt to withdraw the certification as an excuse to get out of that case.

When the certification is used in the statewide certification, they'll either refile this or file a new suit (hoping for a new judge) claiming the certification was invalid. And hope for a TRO or PI that blocks the electors.
This is 100% a litigation strategy that is not designed to win, but is designed to achieve effective victory through delay.

It's very Trump - he used the same kind of thing to screw over countless contractors back in the day.
There's one huge difference between the election and those contract disputes, though -

In the contract disputes, he just needed to delay until the contractor caved and accepted a fraction of what's owed. Here, the election process goes forward unless a court orders otherwise.
And the closer to key deadlines we get, the more the public interest weighs against TROs and injunctions - especially when the litigation was only initiated very late in the process.

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More from @questauthority

19 Nov
I'm listening to the L Lin Wood hearing - won't livetweet.

But I will say this:
I'd love to play poker with Lin's lead attorney.
Youch. Mr. Smith was stammering so hard the judge had to yell to get a word in edgewise.
(OK, maybe I'll livetweet a tiny bit.)
Read 123 tweets
19 Nov
Like most of the copyright twitter and lawtwitter people who have been asked about this, I'm utterly appalled by Disney's conduct here. #DisneyMustPay for real.

That's the moral take. Legally, it's difficult to make firm statements based on the limited information available.
The issue is that this is more a contractual dispute than a copyright one. It appears that, as is often the case with tie-ins and spinoffs, Alan Dean Foster does not own the copyright in his works. This was almost certainly established when the books were first written.
(We see something similar in the unfolding dispute between Dragonlance authors Weis and Hickman and WOTC - they created, but do not own, much of the Dragonlance universe.)
Read 6 tweets
17 Nov
OK. I'm reconnected to the court for Rudypalooza.

Tech being sorted out - but connection is a lot clearer.

Of course, that's probably because the people talking are AT&T people.
Back on the record - Judge is rehashing what's up and restarting with Donnovan's equal protection argument.
Audio isn't spectacular but is comprehensible.
Read 103 tweets
17 Nov
On hold with MDPA for the election case. Will try to livetweet some if I'm in the lucky 4k.

But I don't type fast, so I'm going to go for reactions more than substance.
I guess the whole federal court system uses the same hold music for these. Static and all.

The "your conference will begin shortly" teasing is getting old.
If the late start is because they're trying to track down Rudy, who is on hold with the Middle District of Transylvania, it will be the most 2020 thing ever.
Read 32 tweets
28 Oct
Livetweet thread - The Omegaverse, Addison Cain, Copyright, and why we need to reform 512(f) to protect everyone's right to expression.

This is gonna be a long thread even for me; if you want to wait for the threadreader version, bookmark this and come back in a couple of hours.
A few notes at the start:
(1) If you told me last year that I'd spend a not-insignificant chunk of the 2nd year of my PhD looking at litigation involving wolf-themed erotica while stuck at home during a global pandemic, I'd have asked you what you were smoking - but not to share.
(2) The main backstory for the entire strange omegaverse affair is ably summed up by this NY Times article - and there are no words that fully capture my relief at being able to cite the NY Times for this in my thesis.…
Read 102 tweets
27 Oct
It's never been who we are, Tom.

That's what a huge part of the whole "woke" thing is about - recognizing that there are segments of our society who *never* had full access to the American dream.

The only thing that's changed is that you've been tossed in with them.
The Republican Party decided to abandon the whole "principles and rules and ethics" thing because it wasn't serving their needs and they decided that it's an impediment to maintaining power.

Since you wouldn't jettison principles, they jettisoned you.
And now you're in with groups who have never been jettisoned - because they were never allowed in to begin with.

Welcome to the non-white-middle-class version of the American Dream.
Read 4 tweets

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