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Brad Heath Profile picture
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21 Nov, 3 tweets, 2 min read
President Trump's lawyers have filed a new brief explaining why it should get a restraining order to block Pennsylvania from certifying the election results, and it starts off a lot like the others in that it misspells the name of the governor.
Trump's lawyers say they are likely to prevail on their claims that illegal votes were counted and that volunteers were unable to watch vote-counting closely enough. (This seems unlikely because they actually dropped both counts from the lawsuit, apparently accidentally?)
Trump's lawyers acknowledge that they dropped the claims on which they just told a judge they are likely to prevail, but say they hope to add them back in pretty soon and anyway they're kind of in there somewhere.

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More from @bradheath

Brad Heath Profile picture
23 Nov
So the big election-rigging case President Trump wants to tee up for the Supreme Court is actually whether his lawyers should have gotten permission to fix a filing they screwed up.
Best case this strategy means Trump gets to go back to the district court and lose on standing a second time?
President Trump's appeal of a judge's brutal rejection of his efforts to overturn Pennsylvania's election -- the one his lawyers said would get them to the Supreme Court -- is *only* about whether the judge should have given them leave to fix a complaint his lawyers screwed up. Image
Read 22 tweets
Brad Heath Profile picture
22 Nov
For those wondering about the consequences of President Trump's efforts to sow distrust in voting and elections, here's a pretty significant one: It will help states sustain new restrictions on voting if they choose to implement them.
That's so because states don't need to prove they're combating fraud to justify voting restrictions. They don't really need to prove there's fraud at all. It's often enough to show they're addressing the public's fear of fraud and trying to create confidence in elections.
And the president's tactics -- and the utterly delusional conspiracies spreading online and on some of his favored TV channels -- have certainly worked. A third of voters think there was "a lot" of fraud in this election. Nearly all of Trump's supporters do. (From @YouGov.) Image
Read 4 tweets
Brad Heath Profile picture
22 Nov
It is certainly true that losing a case gets you one step closer to appellate review. However /
If you had instead won the case, you would have already won and wouldn't need to appeal, which is the usual strategy in litigation.
Also, if your goal is to tee up a case for appellate review, you don't want to lose like this.

You don't want to have to take up a case that you lost in part because it was incompetently litigated. And you don't want to take up a case you lost for Every Possible Reason.
Read 11 tweets
Brad Heath Profile picture
21 Nov
The judge observes that the Trump campaign is "trying to mix-and-match claims to bypass contrary precedent." Image
The court rules that both the Trump campaign and its two attempted-voter plaintiffs lack standing to bring the case. Image
The voter-plaintiffs lack standing because although they were denied the right to vote (because their ballots were invalid), they sued other counties and the state that did not invalidate their votes, not the counties that did. Image
Read 19 tweets
Brad Heath Profile picture
21 Nov
Meanwhile, some Pennsylvania Republicans led by Rep. @MikeKellyPA are asking a state court to declare that the state's entire vote-by-mail system, violates the state constitution and that millions of votes cast this year must now be invalidated.
The lawsuit is marked as having been filed at 4 a.m.
The lawsuit is a challenge to Act 77, which it says is "another illegal attempt to override the limitations on absentee voting" in the state constitution. The act was approved more than a year ago; the lawsuit doesn't say why they waited until after this election to challenge it.
Read 14 tweets
Brad Heath Profile picture
20 Nov
And the court says that even if Wood could bring this lawsuit (which he can't) and if he hadn't waited too long (which he did), he'd also lose on the merits.
The judge (a Trump appointee), goes out of his way to shoot down Wood's theory of an Equal Protection violation, which is very similar to the arguments Trump's campaign has made in its own lawsuit in Pennsylvania.
The judge said claims that lots of invalid ballots were counted in Georgia is "not supported by the evidence at this stage." The rejection rate for absentee ballots in Georgia in 2020 was the same as it was two years ago.
Read 7 tweets

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