On Friday, a federal appeals court’s dismissal of a Trump campaign lawsuit that challenges the presidential vote in Pennsylvania set up an appeal to the United States Supreme Court.
Trump’s team can now request an emergency order from Justice Samuel Alito, who can then ask his eight colleagues to weigh in. With Amy Coney Barrett, the high court now has at least five votes considered “conservative,” with Chief Justice John Roberts recently assuming the swing-vote role of former Justice Anthony Kennedy.
A three-judge panel of the 3rd US Circuit Court of Appeals ruled on Friday that the campaign’s claims of widespread voter fraud in an election Joe Biden won by 80,000 votes “have no merit.”
Trump’s lawyers then argued that the state violated the US Constitution’s guarantee of equal protection under the law when seven counties where Biden was leading allowed the voters to fix errors in their ballots, while other counties did not.
Trump campaign attorney Jenna Ellis tweeted after the court ruling that the “activist judicial machinery in Pennsylvania continues to cover up the allegations of massive fraud.”
“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 appeals court panel upheld US District Judge Matthew Brann’s dismissal of the Trump campaign complaint, which according to him, “like Frankenstein’s Monster, has been haphazardly stitched together.”
In the 3rd Circuit, Judge Stephanos Bibas wrote: “Free, fair elections are the lifeblood of our democracy. 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.”