(Cont’d) ...rational for counties to adopt notice and cure. All Plaintiffs have alleged is that Secretary Boockvar allowed counties to choose whether to do so. No county was forced or not forced to.
And even if Plaintiffs could show there was some kind of unequal law.../1
And even if Plaintiffs could show there was some kind of unequal law.../1
... at work, the remedy they were asking for—disenfranchisement of all the OTHER county’s votes—is far too broad. A court has to either “level up” or “level down” to fix an equal protection claim. Level Up means to grant the benefit that was wrongly denied. The simple.../2
... answer here would be to count their votes. But plaintiffs are not asking for that. They are asking for a LEVEL DOWN, which is to invalidate everyone else’s votes. And THAT remedy would result in an even greater violation of the Constitution. It’s like if Plaintiffs were..../3
... trying to get into a club because their tickets were invalid, and demanding that the whole club be shut down and everyone inside asked to leave, even though they all bought their tickets properly. Not going to happen.
Finally, the court notes that Trump poll watchers.../4
Finally, the court notes that Trump poll watchers.../4
were not treated any differently than Biden poll watchers, and so they have not stated any kind of claim. And with respect to their citation of Bush v. Gore, the question there was whether a state court with the power to assure uniformity.../5
... in a recount had done so without minimal procedural safeguards. That isn’t what’s at issue here. In fact. Bush v. Gore explicitly stated that “[t]he question before the Court is not whether local entities, in the exercise of their expertise, may develop.../6
... different systems for implementing elections.”
My strong belief is that this opinion is unassailable, even on the initial standing question. It would be very hard for any higher court to find that plaintiffs were actually injured by the other.../7
My strong belief is that this opinion is unassailable, even on the initial standing question. It would be very hard for any higher court to find that plaintiffs were actually injured by the other.../7
... counties, and not their own. And it would be impossible to find that the redress requested actually fits the injury, once you understand the low stakes of their claim. This is a terrible case for the Trump campaign to hang its hat on, and they must know.../8
... that but are either afraid to tell Donald, or are pursuing it just to keep their base motivated and donating.
Certification will proceed Mon. The appeal may be filed in time or not, but the 3rd Cir will uphold the ruling, and I’m not even sure SCOTUS will grant cert. /end
Certification will proceed Mon. The appeal may be filed in time or not, but the 3rd Cir will uphold the ruling, and I’m not even sure SCOTUS will grant cert. /end
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