Here is tonight's Pennsylvania decision dismissing the Trump curing challenge. The court found that the voters had an injury in fact but blasted other aspects of the case, including the relief... courtlistener.com/recap/gov.usco…
...The court did not contest the voters were treated unequally but noted that the redress in such a case should be to "level up" to be sure that these votes are counted rather than "level down" to invalidate millions of other votes...
...Thus, the different curing standards do present an injury but not the basis for such sweeping relief as to deny certification. The court also hit the Trump team on standing and the chosen county defendants.
It is a scathing decision that refers to the filing as a "Frankenstein’s Monster... haphazardly stitched together from
two distinct theories in an attempt to avoid controlling precedent."
two distinct theories in an attempt to avoid controlling precedent."
The Trump team expressly acknowledged that some arguments were barred under controlling precedent but said that it wanted to pursue them on appeal. It can now seek to file an expedited appeal to the Third Circuit.
An appeal would still face the steep climb on the relief element to stop certification in the state. While acknowledging the individual injuries, the court repeatedly struck out at the notion that it was being asked to protect these voters by disenfranchising millions of others.
Conversely, the Trump team can point to the finding that "Individual Plaintiffs have adequately pled that their votes were denied." This island of support however is found in a vast ocean of countervailing and caustic findings by the court.
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