3rd Circuit Court of Appeals Grants Review of Trump Campaign PA Suit

Written by Martin Walsh

OPINION | This article contains commentary which reflects the author's opinion.


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The 3rd U.S. Circuit Court of Appeals has granted the Trump campaign’s request for an expedited review of its election case in Pennsylvania.

Jenna Ellis, a legal adviser to President Donald Trump’s campaign, took to Twitter to share the order and said the brief had to be filed by 4 p.m. on Monday.

Pennsylvania Secretary of State Kathy Boockvar then will be required to file a response Tuesday at the same time.

The notice adds that the court will advise the parties if an oral argument will then be required.

The grant of appeal came following a Saturday ruling by U.S. District Judge Matthew Brann that dismissed the Trump campaign case.

Brann — who was appointed by then-President Barack Obama in 2012 while Trump’s opponent, Joe Biden, was vice president — wrote in his opinion the campaign’s legal team was seeking to disenfranchise almost 7 million voters, The Associated Press reported.

“One might expect that when seeking such a startling outcome, a plaintiff would come formidably armed with compelling legal arguments and factual proof of rampant corruption,” Brann wrote in his ruling. “That has not happened.”

Trump attorney Marc Scaringi disagreed with the finding.

“First, I have tremendous respect and personal regard for Judge Brann. Second, however, contrary to the Judge’s opinion, the Trump campaign is/was not asking, ‘this Court to disenfranchise almost seven million voters’ (i.e. all 6.8 million Pennsylvania voters),” he tweeted Saturday.

Biden is leading Trump in Pennsylvania by just shy of 81,000 votes.

Pennsylvania Secretary of State Kathy Boockvar and the seven Biden-majority counties that the campaign sued had argued throwing out the popular vote over isolated allegations of mail-in fraud was far too extreme, particularly after most of them have been tallied.

“There is no justification on any level for the radical disenfranchisement they seek,” Boockvar’s lawyers wrote in a brief filed Thursday.

Pennsylvania Attorney General Josh Shapiro, a Democrat, tweeted shortly after Brann’s ruling that “another one bites the dust.”

“These claims were meritless from the start and for an audience of one,” Shapiro said in a statement. “The will of the people will prevail. These baseless lawsuits need to end.”

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