Fri, 11/27/2020 – 12:44
A federal appeals court has tossed an attempt by the Trump campaign to revive a lawsuit seeking to undo Pennsylvania’s certification of Joe Biden’s irregularity-plagued victory in the state.
The Friday decision potentially sets the stage for a US Supreme Court showdown, in which the 6-3 (arguably) conservative majority could overturn the results of the election.
That said, according to Bloomberg – citing ‘experts’ – it’s unlikely that the high court will take up a case if the evidence is lacking, and which won’t affect the outcome of the election – given that Biden would still win the White House without Pennsylvania’s 20 electoral votes.
“Voters, not lawyers, choose the president,” reads the opinion from the appeals court, adding “Ballots, not briefs, decide elections. The ballots here are governed by Pennsylvania election law. No federal law requires poll watchers or specifies where they must live or how close they may stand when votes are counted. Nor does federal law govern whether to count ballots with minor state-law defects or let voters cure those defects.”
The Trump campaign sought to have a federal court invalidate Pennsylvania’s certification, and then get the state’s General Assembly to select Trump electors to the Electoral College – which campaign attorney Marc Scaringi wrrote to the US Court of Appeals for the 3rd Circuit (via CNBC).
“The Pennsylvania General Assembly has the power to appoint the Commonwealth’s presidential electors,” wrote Scaringi, adding “A decision by the District Court that President Trump won the legal votes may have significant impact on the General Assembly.”
The campaign has alleged widespread voting fraud.