New: Another GOP election challenge loss — 11th Circuit rejected L. Lin Wood's effort to stop Georgia from certifying. The 3-0 opinion, written by Judge Bill Pryor, agreed with the district judge that Wood lacked standing, and concluded it was moot assets.documentcloud.org/documents/7334…
Pryor: "The Constitution makes clear that federal courts are courts of limited jurisdiction, U.S. Const. art. III; we may not entertain post-election contests about garden-variety issues of vote counting and misconduct that may properly be filed in state courts."
"Wood’s arguments reflect a basic misunderstanding of what mootness is. He argues that the certification does not moot anything “because this litigation is ongoing” and he remains injured. But mootness concerns the availability of relief, not the existence of a lawsuit..."
Let's look at this panel: Written by Judge Bill Pryor, a very prominent conservative judge. Joined by Judge Lagoa, who you may remember as being in serious contention for the last SCOTUS vacancy under Trump, and Judge Jill Pryor, an Obama nominee who GA's sens had tried to block
In a politically-charged case like this, the background of judges is relevant context — the fact that all three of these judges are on this unanimous decision speaks to the line in the sand that judges of all ideological stripes are drawing on these post-election legal challenges
This is the latest opinion that dings post-election GOP challengers for failing to clear the most basic procedural hurdles — on standing, Pryor notes Wood undermined one of his own points, and forfeited another argument raised below by not including it in his brief
On how Trump and Republicans' post-election legal challenges have failed to convince any judge, anywhere, to throw out a significant number of ballots — let alone flip a state that went for Biden — and how they're running out of time, fast buzzfeednews.com/article/zoetil…

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More from @ZoeTillman

7 Dec
New: Another loss for Sidney Powell, this time in Michigan.

The loss is multifaceted:
- state officials immune
- case is moot
- laches (waited too long to sue)
- abstention b/c of state court litigation
- no standing
- unlikely to succeed on the merits
assets.documentcloud.org/documents/7334… Image
Judge Linda Parker: "Plaintiffs ask this Court to ignore the orderly statutory scheme established to challenge elections and to ignore the will of millions of voters. This, the Court cannot, and will not, do. The People have spoken."
Parker dings Powell for including the words "due process" in pleadings but not backing it up with substantive argument — Powell's gotten in trouble for this before, recall in WI the judge noted she used the words "emergency" and "expedited" but didn't actually ask for that ImageImage
Read 23 tweets
4 Dec
New: The Michigan Court of Appeals has rejected Trump's election challenge re: observer access in Wayne County, finding it's moot because Michigan certified the results — if Trump wanted to press fraud claims, MI law says seek a recount, which he didn't do assets.documentcloud.org/documents/7334…
Meanwhile — a judge in Nevada dismissed a challenge filed by Trump electors.

"Contestants failed to meet their burden to provide credible and relevant evidence to substantiate any of the grounds ... to contest the November 2020 General Election"
democracydocket.com/wp-content/upl…
Meanwhile — Trump has filed a new election contest in Georgia: cdn.donaldjtrump.com/public-files/p…

The campaign is asking for all the results in Georgia to be tossed out and for the court to order a new presidential election in the state, among other things
Read 6 tweets
3 Dec
Sidney Powell's lawsuit trying to undo Wisconsin's election results has hit a number of bumps since it was filed in federal court two days ago. New filings today underscore what's been going on. A brief thread:
Powell and her team filed an amended complaint that removed @derrickvanorden as a plaintiff after he made clear he was included without permission — the docket entry explains the change, but there's nothing else filed to explain what happened there
@derrickvanorden Powell's team also made another attempt today at trying to get a speedy court order after the judge ID'd lots of problems with the previous attempts, see: assets.documentcloud.org/documents/7334…
Read 5 tweets
2 Dec
Back on the beat after a few days offline — just in time for this new filing from Rep. Mike Kelly et al. asking to stay the PA Supreme Court decision rejecting their election challenge pending them taking this to SCOTUS: assets.documentcloud.org/documents/7333…
This is the case filed last month that challenged a PA law expanding mail-in voting that was passed in the fall of 2019 — the PA Supreme Court tossed it on the grounds that they waited far too long to go to court, given the timing -->
The PA Supreme Court has denied Rep. Mike Kelly et al.'s request to stay the decision against them while they try to take the case to SCOTUS (doesn't look like they've filed something yet, per the docket online)
Read 8 tweets
28 Nov
NEW: A big loss in the GOP case seeking to invalidate the PA election results (the one where Rep. Mike Kelly is a plaintiff) — the PA Supreme Court has dismissed it outright, finding the challengers waited too long to bring it for it to survive scribd.com/document/48620…
This case, filed weeks *after* Election Day this month, challenged a law passed in *October 2019* that expanded mail-in voting in PA. The PA Supreme Court concluded the GOP challengers violated what's known as the doctrine of laches by waiting so long to sue
PA Supreme Court: "Thus, it is beyond cavil that Petitioners failed to act with due diligence in presenting the instant claim."
Read 5 tweets
27 Nov
NEW: The Trump campaign has lost again in its Pennsylvania case — the 3rd Circuit rejected its appeal.

Judge Stephanos Bibas, a Trump nominee, eviscerates Trump's case from top to bottom: "The Campaign’s claims have no merit."
buzzfeednews.com/article/zoetil…
Campaign lawyers Jenna Ellis and Rudy Giuliani called today's 3rd Circuit loss an example of "activist judicial machinery" in PA — the opinion was written by one of Trump's 3rd Circuit nominees, and joined by two W Bush appointees buzzfeednews.com/article/zoetil…
Bibas on the Trump campaign's arguments:
- "calling an election unfair does not make it so"
- "offers nothing more"
- "vague and conclusory"
- "grossly disproportionate"
- " alchemy cannot transmute lead into gold"
- "futile"
buzzfeednews.com/article/zoetil…
Read 4 tweets

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