#ELB: Breaking: In Total Loss for Trump Campaign in Its Most Major Remaining Election Case, Federal Court in Pennsylvania Dismisses Case and Denies Motion to File Amended Complaint [link to opinion] electionlawblog.org/?p=118942
The federal court judge just EXCORIATES the Trump campaign for seeking to disenfranchise nearly seven million Pennsylvania voters with SHODDY legal arguments. We told you it would be this way:
From the judge on the merits: "Plaintiffs’ only remaining claim alleges a violation of equal protection. This claim, like Frankenstein’s Monster, has been haphazardly stitched together from two distinct theories in an attempt to avoid controlling precedent."
This ruling can be appealed but I expect an appeal will get ZERO traction.
And there are no remaining serious lawsuits that could affect the outcome in PA. None. (There are some that involve a small number of ballots, including one stuck at SCOTUS).
So what does this leave in terms of Trump lawsuits? There's one still pending in NV that will fail. There's the one pending before SCOTUS that involves few ballots.
Nothing else significant. For all those GOP Senators waiting for Trump to produced evidence, there's NOTHING LEFT.
One thing I like about the judge's order dismissing the lawsuit and denying leave to amend is how the judge *signs his name* to his order. courtlistener.com/recap/gov.usco…
Thanks @JennaEllisEsq
for anyone on whom this reference is lost:
Today's ruling is a victory for the rule of law, and for the voters of Pennsylvania, whom the Trump campaign sought to disenfranchise on the flimsiest legal theory imaginable.
Getting a lot of questions about what it means that this Trump case was dismissed "with prejudice."
Turns out the hair dye running down Rudy's face was NOT the most embarrassing thing about this lawsuit. No wonder lawyers for the Trump campaign were rushing to get their names off this case before the judge issued his scathing decision.
It's just conjecture, but I bet Rudy does not even READ the judge's opinion, but will instead just have it described to him.
They can run to the 3rd circuit or even to SCOTUS but I do not expect a different result.
I give Judge Brann a lot of credit for giving Rudy & Co. the chance to make their arguments---long oral argument and a second shot at asking for a preliminary injunction.
Turns out he gave them just enough rope to hang themselves. Repeatedly.
Last point for now: this is a victory anyone who believes in voting rights should savor. But let's not forget the many lawyers and others who have advanced arguments to literally try to thwart voters' will and steal the election. Shame on them.

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More from @rickhasen

23 Nov
First thing to note about the Trump campaign brief in the 3rd Circuit: it throws Trump's prior counsel under the bus for "incorrectly omitt[ing] numerous allegations and counts"
Key point: the Trump brief says it is not trying to disenfranchise 6.8 million PA voters, "just" throw out about 70,000 votes. BUT it also asks ultimately for court to void election, and let PA legislature choose electors. That IS disenfranchising 6.8 million PA voters.
The brief is procedurally weird, asking casually for a preliminary injunction or temporary restraining order. Trump campaign should be asking for an injunction pending appeal if it wants preliminary relief. But it doesn't. It wants remand to reconsider proposed amended complaint
Read 9 tweets
18 Nov
The Trump Campaign has filed its proposed Second Amended Complaint in the PA federal voting case. It's not much different than the earlier one and seeks the same relief. courtlistener.com/recap/gov.usco…
They have tried to restore the claims arguing that the legislature and Secretary of State usurped the power of the state legislature under the Elections and Elector clauses, something they had abandoned given a new 3rd Circuit has saying they had no standing.
At bottom they are asking for the federal court to throw out the votes of millions of Pennsylvania voters and declare Trump the winner of the election (or let the legislature pick Trump). This is not a thing.
Read 10 tweets
17 Nov
I'm hoping the court will actually give some indication of what he thinks about the issues.
First question from judge asks how it could possibly be justified to disenfranchise 6.8 million voters based upon allegations involve two voters' voting rights.
Rudy is so full of shit.
Read 5 tweets
5 Nov
We don't get to replay election night next week, but it would look considerably different with final vote totals rather than the haphazard release of results yesterday caused in part by the pandemic. These public optics of election night matter. /1
But the other thing that matters is when the networks call a presidential race. The decision desks have been appropriately cautious given the odd patterns by which vote totals are revealed thanks to the pandemic. /2
If the networks and media companies say tomorrow or Friday that Biden has enough votes to be President, it will be very hard for Trump to keep up his small bore lawsuits and keep fighting. It's a powerful thing to see a presidential race called. Just ask Al Gore. /3
Read 6 tweets
4 Nov
Trump is claiming victory in particular states based on partial returns, ignoring the potential for a shift to Biden. He's going state by state though and has not yet said he's won the election. (The race is too early to call)
Trump is saying his opponents want to go to court. It is Trump that has been going to court.
There it is: Trump says: "This is a fraud on the American public...Frankly we did win this election." He wants "voting" to stop but there is no more voting. He says he's going to the Supreme Court.
This is profoundly dangerous talk. Votes are still being tallied.
Read 5 tweets

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