The Third Circuit has declined to act on the request of the Trump campaign to invalidate the certification of the Pennsylvania election.
The Third Circuit Court of Appeals said that the Trump campaign’s challenge of a U.S. district court’s decision had “no merit.”
The court’s sharply worded opinion was written by Judge Stephanos Bibas, who was appointed to the court by Trump.
“Charges of unfairness are serious. But calling an election unfair does not make it so. Charges require specific allegations and then proof. We have neither here,” Bibas wrote.
Trump’s campaign appealed after a district court last weekend dismissed its federal lawsuit against Pennsylvania election authorities and rejected its request to revise the suit.
Bibas noted in his decision on Friday that Trump’s campaign “never claims fraud or that any votes were cast by illegal voters,” and that granting Trump’s request to throw out the election results would be “grossly disproportionate.”
Jenna Ellis, a legal adviser to the Trump campaign, said in a tweet following the decision that the campaign would take its appeal to the Supreme Court.
“We are very thankful to have had the opportunity to present proof and the facts to the PA state legislature,” she wrote. “On to SCOTUS!”
The opinion is obviously not helpful beyond expediting the case to the Supreme Court. One has to think, though, that they would much rather be going to the Supreme Court with a victory than with a loss.
I think our own Shipwreckedcrew will have analysis later in the day and so I’ll leave it up to him rather than finding out later that I’ve beclowned myself.