Pennsylvania responds to Trump's 3d Cir. appeal: "It is beyond time for this baseless litigation to come to an end."
It argues that Trump's campaign made a mess of the litigation, and giving it permission to file a new complaint would be futile because that one would lose, too.
The state says that even Trump allowed to amend, plaintiffs wouldn't have standing. "Their proposed second amended complaint is Frankenstein's Monster's Monster, randomly re-cobbled together, even more illogical and haphazard than the first."
The state also says that because Trump's lawyers chose not to challenge most of Judge Brann's decision -- that their claims lack merit -- they're now stuck with it.
The state points out, in a footnote, that Trump's claim that Bush v. Gore means federal courts can interpret state election law is actually based on a concurring opinion joined by only 3 justices, so is "not a correct statement of the law."
That's ... embarrassing.
The state's brief is quite sober and lawyerly. Its footnotes are basically ayfkm.
The state's brief - like the others - is pretty straightforward. It's soberly and not especially dramatic. But appearances can be deceiving; this is what it looks like when your appeal gets carpet bombed.
Bunch of law profs pile on in the 3d Cir.: "For the good of the country, for the good of the Constitution, for the good of democracy, and for the good of all the voters who did all the law required of them to cast lawful ballots, the Court should reject Trump's challenge."
The brief is about remedies. Whatever else is going on with Trump's lawsuit, they say, he can't just overturn the results of an election. That would "subvert democracy, undermine federalism, and threaten the orderly transfer of power."
Pennsylvania has filed a brief opposing Trump's request to enjoin certification of the state's election (which already happened). "No federal court has ever issued an order enjoining a state's certification, or directing decertification, of presidential electors."
Pennsylvania notes that Trump's lawyers didn't adhere to the procedural requirements for seeking an injunction.
Pennsylvania also argues that although Trump offers "the rough outline of a potential statistical analysis - and theories about an elaborate conspiracy - precedent requires much more than hypotheticals to justify injunctive relief."
President Trump's lawyers have filed their Third Circuit brief. They're asking the court to reverse the district court's decision that they could not amend their complaint a second time.
Trump's lawyers want to make clear that they're not "seeking to disenfranchise 6.8 million voters." They're seeking to disenfranchise some subset of 1.5 million voters who cast absentee ballots in some counties.
(Though their lawsuit literally asked that the court prevent the state from certifying the results of the election.)
President Trump's lawyers just told the Third Cir. they plan to seek an emergency restraining order to block Pennsylvania from certifying its election results.
This is something Trump could have done when it filed its appeal. Or yesterday. Or .....
Trump's legal team says that because of the " the extreme time pressures involved in drafting and filing all of the motions and briefs required," it should get to add 1,300 words to its brief.
Meanwhile, John Solomon has been looking through court cases and claims to have found "a mountain of evidence has been amassed in private lawsuits alleging there was, in fact, significant and widespread voting misconduct."
There isn't. This is profoundly misleading.
Here's the link if you're curious, justthenews.com/politics-polic…, though I caution you that reading it will leave you *less* informed.
Solomon claims to have found "a dozen compelling allegations of voting irregularities."
But no.
Item 1 is a Detroit poll worker who claimed thousands of ballots had been backdated or falsified. She did claim that, but Solomon leaves out quite a lot.
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.