The U.S. Third Circuit Court has rejected the Trump campaign’s appeal of a federal lawsuit filed in Pennsylvania that challenged the outcome of the 2020 elections, denying the request with a blistering opinion authored by a Trump-appointed judge declaring: "Voters, not lawyers, choose the President."
"Free, fair elections are the lifeblood of our democracy," said the unanimous opinion from a three-judge panel, which was signed by Judge Stephanos Bibas. "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."
The court found that the number of ballots the Trump campaign sought to challenge is far smaller than the roughly 81,000-vote margin of victory, and most of the claims revolve around questions of state law -- not federal law -- that have already been resolved in state court.
"And it never claims fraud or that any votes were cast by illegal voters," the court states. "Plus, tossing out millions of mail-in ballots would be drastic and unprecedented, disenfranchising a huge swath of the electorate and upsetting all down-ballot races too. That remedy would be grossly disproportionate to the procedural challenges raised."
Ellis tweeted a reaction to the ruling that she said was on behalf of herself and Giuliani, saying "the activist judicial machinery in Pennsylvania continues to cover up the allegations of massive fraud."
"On to SCOTUS!" she wrote, referencing her previously-stated desire to elevate the campaign’s case to the U.S. Supreme Court.
The opinion came as an ally of the president, attorney Sidney Powell, filed a fresh legal complaint alleging a wide-ranging election fraud conspiracy -- also with scant proof -- in federal court in Georgia. Trump has continued to repeat those claims both on social media and in public remarks this week, including at a Republican caucus meeting organized by Pennsylvania state legislators on Wednesday.
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