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POLITICO/ ‘Voters, not lawyers, choose the president’: Appeals court shoots down Trump suit in Pennsylvania
A federal appeals court on Friday denied the Trump campaign's effort to revive a federal lawsuit challenging the election results in Pennsylvania, ruling "the claims have no merit."
A panel of three judges for the Third Circuit Court of Appeals denied the request by the Trump campaign, led by Rudy Giuliani, to amend its lawsuit, which had been previously rejected.
"The Campaign never alleges that any ballot was fraudulent or cast by an illegal voter," wrote Judge Stephanos Bibas, a Trump appointee, for the panel. "It never alleges that any defendant treated the Trump campaign or its votes worse than it treated the Biden campaign or its votes. Calling something discrimination does not make it so. The Second Amended Complaint still suffers from these core defects, so granting leave to amend would have been futile."
A federal appeals court dismissed a lawsuit by the Trump campaign over Pennsylvania's voting procedures on Friday, paving the way for the issue to escalate all the way up to the Supreme Court.
Despite Trump's lawyer Rudy Giuliani arguing to a lower court that widespread voter fraud occurred in a state where President-elect Joe Biden won by over 80,000 votes, the 3rd U.S. Circuit Court of Appeals said “the campaign’s claims have no merit.”
A federal appeals court panel forcefully rejected the Trump campaign’s effort to throw out millions of Pennsylvania ballots, declaring its allegations of misconduct meritless and its suggested remedies as “breathtaking” and undercut by a lack of evidence.
“Voters, not lawyers, choose the President. Ballots, not briefs, decide elections,” Judge Stephanos Bibas — an appointee of President Donald Trump — wrote for the three-judge 3rd Circuit Court of Appeals panel composed entirely of GOP appointees. Bibas’ opinion, delivered just after noon Friday, rejected the campaign’s appeal of a district court ruling that similarly shredded the suit.
A panel of three Republican-appointed federal judges on Friday rejected an appeal from the Trump campaign to block the state of Pennsylvania from certifying the results of the 2020 presidential election.
"Free, fair elections are the lifeblood of our democracy," said Judge Stephanos Bibas, who was appointed to the 3rd Circuit Court of Appeals by President Donald Trump and confirmed by the Senate in 2017. "Charges of unfairness are serious. But calling an election unfair does not make it so. Charges require specific allegations and then proof.