Election 2020

A Scathing Ruling Against the Trump Campaign Highlights the Gap Between Rudy Giuliani's 'Massive Fraud' Claim and His Legal Arguments

U.S. District Judge Matthew Brann rejected an attempt to block certification of Pennsylvania's election results.

|

A federal judge in Pennsylvania yesterday rejected a Trump campaign lawsuit that sought to prevent certification of the presidential election results in that state. U.S. District Judge Matthew Brann dismissed the campaign's claims with prejudice, meaning it cannot try again with a revised complaint. Brann's scathing ruling, which concludes that neither the campaign nor the two Pennsylvania voters named as plaintiffs had standing to bring the suit and in any event failed to state any valid constitutional claims, vividly illustrates the chasm between the arguments Donald Trump's lawyers are making in court and his assertion that systematic fraud denied him his rightful victory in the presidential election.

"Plaintiffs ask this Court to disenfranchise almost seven million voters," Brann writes. "This Court has been unable to find any case in which a plaintiff has sought such a drastic remedy in the contest of an election, in terms of the sheer volume of votes asked to be invalidated. 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, such that this Court would have no option but to regrettably grant the proposed injunctive relief despite the impact it would have on such a large group of citizens."

Instead, Brann says, "this Court has been presented with strained legal arguments without merit and speculative accusations, unpled in the operative complaint and unsupported by evidence. In the United States of America, this cannot justify the disenfranchisement of a single voter, let alone all the voters of its sixth most populated state. Our people, laws, and institutions demand more. At bottom, Plaintiffs have failed to meet their burden to state a claim upon which relief may be granted."

The Trump campaign and the two voters, John Henry and Lawrence Roberts, sued seven counties and Pennsylvania Secretary of the Commonwealth Kathy Boockvar (a Democrat), arguing that they had violated the 14th Amendment's guarantee of equal protection by allowing some voters to correct mistakes that otherwise would have made their absentee ballots invalid. According to the Trump campaign, that policy unfairly favored Democrats over Republicans.

In a November 2 email, Boockvar encouraged counties to "provide information to party and candidate representatives during the pre-canvass that identifies the voters whose ballots have been rejected" for technical reasons so those ballots could be corrected, or "cured." Some counties, including those named as defendants in the lawsuit, acted on that suggestion, while others did not. The upshot, according to the Trump campaign, was that Republicans were less likely than Democrats to have the opportunity to cure their ballots.

Henry's ballot, which he cast in Lancaster County, was rejected because he failed to place it in the required "secrecy envelope." Roberts' ballot, which he cast in Fayette County, was rejected for an unknown reason. Neither voter was given a chance to cure his ballot.

"The general gist of their claims is that Secretary Boockvar, by failing to prohibit counties from implementing a notice-and-cure policy, and Defendant Counties, by adopting such a policy, have created a 'standardless' system and thus unconstitutionally discriminated against Individual Plaintiffs," Brann writes. "Though Plaintiffs do not articulate why, they also assert that this has unconstitutionally discriminated against the Trump Campaign."

Instead of seeking an opportunity to cure their ballots so their votes would be counted, Henry and Roberts, joined by the Trump campaign, asked Brann to block certification of Pennsylvania's election results. "Prohibiting certification of the election results would not reinstate the Individual Plaintiffs' right to vote," Brann notes. "It would simply deny more than 6.8 million people their right to vote."

That extraordinary, counterintuitive remedy would do nothing to address any injury suffered by Henry and Roberts, which in any case was not caused by Boockvar or the defendant counties. If Henry and Roberts have a beef, it is with the counties where they live, which declined to follow Boockvar's suggestion by letting voters cure their mail-in ballots. Brann concludes that Henry and Roberts do not have standing to sue parties that did not cause the injuries they allege or to seek an order that would not correct those injuries.

"Even assuming that they can establish that their right to vote has been denied, which they cannot, Plaintiffs seek to remedy the denial of their votes by invalidating the votes of millions of others," Brann says. "Rather than requesting that their votes be counted, they seek to discredit scores of other votes, but only for one race. This is simply not how the Constitution works….Granting Plaintiffs' requested relief would necessarily require invalidating the ballots of every person who voted in Pennsylvania. Because this Court has no authority to take away the right to vote of even a single person, let alone millions of citizens, it cannot grant Plaintiffs' requested relief."

Nor was Brann impressed by the argument that allowing counties to notify voters about errors in their ballots amounted to unconstitutional discrimination. "Though states may not discriminatorily sanction procedures that are likely to burden some persons' right to vote more than others, they need not expand the right to vote in perfect uniformity," he writes. "All Plaintiffs have alleged is that Secretary Boockvar allowed counties to choose whether or not they wished to use the notice-and-cure procedure. No county was forced to adopt notice-and-cure; each county made a choice to do so, or not. Because it is not irrational or arbitrary for a state to allow counties to expand the right to vote if they so choose, Individual Plaintiffs fail to state an equal-protection claim."

The Trump campaign argued that it had "competitive standing" to sue Boockvar and the counties. But according to Brann's reading of the case law, that theory "applies to challenges regarding the eligibility of a candidate," a description that does not fit this case.

Brann's disdain for the quality of the Trump campaign's legal representation is apparent throughout his decision. "Neither in the [first amended complaint] nor in its briefing does the Trump Campaign clearly assert what its alleged injury is," Brann says. "Instead, the Court was required to embark on an extensive project of examining almost every case cited to by Plaintiffs to piece together the theory of standing as to…the Trump Campaign."

Leaving aside the issue of standing, the campaign's equal protection claim, "like Frankenstein's Monster, has been haphazardly stitched together from two distinct theories in an attempt to avoid controlling precedent," Brann writes. And although the campaign complained about restrictions on poll observers in Pennsylvania, "Plaintiffs fail to plausibly plead that there was 'uneven treatment' of Trump and Biden watchers and representatives," since they do not even allege that "the Trump Campaign's watchers were treated differently than the Biden campaign's watchers."

Six days after the lawsuit was filed on November 9, the plaintiffs whittled their original seven claims down to two and "deleted numerous allegations that were pled in the original complaint." A November 13 decision by the U.S. Court of Appeals for the 3rd Circuit in an unrelated case negated one of the two remaining claims, leaving just the equal protection argument.

Refusing to let the Trump campaign file another amended complaint, Brann notes that "among the grounds that could justify a denial of leave to amend are undue delay, bad faith, dilatory motive, prejudice, and futility." He concludes that "amendment would unduly delay resolution of the issues," noting that "Plaintiffs have already amended once as of right," "Plaintiffs seek to amend simply in order to effectively reinstate their initial complaint and claims," and "the deadline for counties in Pennsylvania to certify their election results to Secretary Boockvar is November 23, 2020."

Brann also notes that the plaintiffs repeatedly changed attorneys. On November 12, three days after the lawsuit was filed, Ronald L. Hicks Jr. and Carolyn McGee withdrew from the case, and two lawyers from Texas signed on. Four days later, the Texas lawyers dropped out, and one of the original attorneys, Linda Kerns, tried to do so as well, but Brann rejected her request. "I believed it best to have some semblance of consistency in counsel ahead of the oral argument" scheduled for the next day, Brann explains. That evening, Marc Scaringi joined the legal team. Rudy Giuliani, Trump's personal lawyer, jumped in the following morning, just before the oral argument.

Giuliani began that hearing by alleging "widespread nationwide voter fraud," although he later conceded "this is not a fraud case." Two days later, he held a press conference where he renewed his claim that Joe Biden had stolen the election through "massive fraud," a criminal conspiracy he said was "easily provable." Giuliani said he had "hundreds" of affidavits alleging election fraud in Michigan but admitted that just eight of them had been made public. He did not mention that a state judge had already concluded that the allegations about irregularities in Michigan provided "no basis" for preventing the certification of that state's election results.

Sen. Patrick Toomey (R–Pa.), who after the election said "the president's allegations of large-scale fraud and theft of the election are just not substantiated," responded to Brann's ruling by urging Trump to accept reality. "With today's decision by Judge Matthew Brann, a longtime conservative Republican whom I know to be a fair and unbiased jurist, to dismiss the Trump campaign's lawsuit, President Trump has exhausted all plausible legal options to challenge the result of the presidential race in Pennsylvania," Toomey said in a press release.

The senator noted that Brann's decision follows legal defeats for the Trump campaign in other states. "These developments, together with the outcomes in the rest of the nation, confirm that Joe Biden won the 2020 election and will become the 46th President of the United States," he said. "I congratulate President-elect Biden and Vice President-elect Kamala Harris on their victory."

[This post has been updated with comments from Toomey.]

NEXT: Sidney Powell Now Claims Election Conspiracy Involved Republican Gov. Brian Kemp, Hillary Clinton, Bernie Sanders

Editor's Note: We invite comments and request that they be civil and on-topic. We do not moderate or assume any responsibility for comments, which are owned by the readers who post them. Comments do not represent the views of Reason.com or Reason Foundation. We reserve the right to delete any comment for any reason at any time. Report abuses.

  1. This over-all total case ain’t closed till the Judge slams the hammer down, AND the fat lady sings!

    Very soon now, the courts will verify as true, the current claims that fluoridated water is chock-full of tiny little Hunter Biden homunculi (one each per each fluorine atom, with a tiny sub-atomic Hunter Biden homunculus-clone working the tiny little brain-control levers, and chucking an evil laugh), and they FORCED tens of millions of fluoridated-water-drinking voters to NOT vote for Trump!

    THEN it will finally be settled, and we can settle in for a nice, long, perpetual reign of the Trumptatorshit! Until Der TrumpfenFuhrer dies fairly soon, and then yet another fat lady will sing, and I have NO IDEA what happens after that! Anyone know? PLEASE do tell!

      1. Making money online more than 15$ just by doing simple work from home. I have received $18376 last month. Its an easy and simple job to do and its earnings are much better than aad regular office job and even a little child can do this and earns money. Everybody must try this job by just use the info
        on this page…..work92/7 online

    1. The Rise of Barron!

      The episode where Barron purges Donald, Jr. is especially full of plot turns and intrigue.

    2. I am now making more than 350 dollars per day by working online from home without investing any money.Join this link posting job now and start earningg without investing or selling anything.

      Follow Instructions Here……. Home Profit System

    3. Poor unreason hacks and Lefties.

      Watch how they say how “right” these federal judges are to dismiss Trump Campaign claims but when the SCOTUS has their say for Trump in trump vs Biden, unreason will cry and cry and cry about federal judges being “wrong”.

      The MSM and unreason rag still dont understand how Trump works. He sends you retards on wild goose chases and comes out ahead in “n”th D chess. Trump has done it numerous times.

      1. Stop man, just stop! Your rambling on is pathetic. Biden is your new president, deal with it!

        1. “”Biden is your new president””

          Not a true statement. He will be our president, but at the moment he is not. When the EC votes he will become president elect until he is sworn in. Then he becomes president. Currently, he’s not even president elect.

          Just sayin.

          1. I see you have a BS in semantics.

          2. Unlike Trump, I will concede that you are correct only if you concede that LC’s constant rambling is pathetic and denial that Biden “will” be his new president is also pathetic.

            1. The truth does not require my concession.

      2. Dude I supported trump up until today. This just tarnished whatever legacy he was going to have. He’s losing all credibility filing frivolous bullshit like this. Unbelievable.

        He’s been cheated – yes, that may be. But it’s doubtful it was with actual votes – that’s a red herring. He got burned by the psyops and propaganda that took advantage of a bunch of lemming virtue signaling SJW’s addicted to their social media.

        BLM and the media and the IC fucked him out of a well deserved second term. Good luck changing anyone’s mind now – they beat him – maybe not fair and square, but they beat him fair enough,

  2. Really baffling that Trump sent Rudy to argue this case.

    1. Not really, all the other lawyers did not want to be part of the case. It would violate their ethical responsibilities as officers of the court to argue such BS.

      1. MollyGodiva nails it!

        Law firms have reputations to maintain. Play with a tar-baby, get covered in tar. Sleep with dogs, get fleas.

        Rudy, as a Lone Ranger close to retirement, no longer has to give a hoot about reputation, good PR, or any of that!

        1. Or a bar membership, frankly. He’s suspended from DC for non-payment, and I’d say there’s a “non-zero” chance he will be disbarred in New York.

      2. Also FYI, this asshole is laughing all the way to the bank!

        https://www.businessinsider.com/giuliani-reportedly-asked-20000-day-to-handle-trumps-legal-cases-2020-11

        Rudy Giuliani is reportedly asking for $20,000 per day in legal fees as he presides over Trump’s election lawsuits that have mostly failed in the courts

        1. Hey Sqrls, orangemanbad.

          1. Since you brought it up, what is the deal with Trump and Giuliani having such a hard time with men’s hair and skin care products?

      3. So, Trump has Rudy on his side and Molly here has the lung-flute moron.

        Toilet Bowl 2020

        1. During Toilet Bowl 2020, sensible voters took a Trump-Dump, and then flushed their Donald (plus TP, tampons, spent condoms, etc.) down the crapper! Yeah!!! Now, if only the dumped Trump-Dump will STAY flushed!

          Sad to say, The Donald wants to stay in charge of the GOP!

          https://www.usatoday.com/story/news/politics/elections/2020/11/14/donald-trump-tries-remain-nations-top-republican-if-he-can/6259193002/

          Donald Trump wants to run the Republican party even if he leaves office.

          PS… I’m soooo sorry that your Great Whitish-Orangish Pumpkin-Father has been CHEATED out of His Office by evil Demoncrats! I suggest that you might be able to retreat to your safe space… I hear they have laid in a large supply of Teddy Bears. Maybe one of the Teddy Bears will agree to lay with you, and snuggle your wuggle for a while! There, there!

          In a mere few more years, as you are still jonesing for Great White Father, I bet you could persuade Alex Jones to be your Next Savior! Slogan: Jonesing for Jones!

          1. Sqrlsy, go take your Adderall dear, and please, if you’re going to rummage through the cat’s box, wash your face and hands after.

          2. You are such an ass eater. It’s quite evident from your post that all that Biden ass eating you’re doing is making you retarded.

            1. Oh YEAH?!?!

              Senile Mackerel Snapper Bad?!? He BAD, all right! He SOOO BAD, He be GOOD! He be GREAT! He “Make America Woke”! MAW! All who are against Senile Mackerel Snapper Bad, are into MAWlessness, chaos, badness, and MAW-breaking! They are out-MAWs! MAKE AMERICA WOKE, I say!!!

              We KNOW He can Make America Woke again, because, as a bad-ass politician, He PUNISHED all of the MAW-breakers! He Hair Smeller-Feller in Chief!

              BACK from Beyond the Beyond, Beyond the Grave, it is the MAGA that Wouldn’t Die! MAGA Part II; Make America GREEN Again! The USA flag will now be… Red, White, and GREEN!

              See https://reason.com/2020/10/16/biden-tries-to-gloss-over-his-long-history-of-supporting-the-drug-war-and-draconian-criminal-penalties/

              All Hail to THE Hair Smeller in Chief!!! His Punishment Boner is BIGGER than ALL the rest of ours, put together!

              Most of all, HAIL the Chief, for having revoked karma! What comes around, will no longer go around!!! We CAN small ALL of THEIR hair, and they will NEVER think of smelling OUR hair, right back!

              Senile Mackerel Snapper Bad-Ass Hair-Smeller all right!

              Yes, we can! We CAN smell all the hair, all the time, and NONE will be smart enough to EVER smell our hair right back!

              These voters simply cannot or will not recognize the central illusion of politics… You can hair-smell all of the people some of the time, and you can hair-smell some of the people all of the time, but you cannot hair-smell all of the people all of the time! Sooner or later, karma catches up, and the others will hair-smell you right back!

              1. Yep, you’re clearly suffering from cognitive decline induced by chronic ass eating. Even if you lay off the ass eating, there is strong evidence the brain damage is permanent.

                1. Wow, what literary talent and rapier wit! Let’s see if I can match or exceed it, with some OTHER brilliantly smart comments that I have created just now!

                  Fuck off, spaz!
                  You eat shit, you said so yourself!
                  You’re a racist Hitler-lover!
                  Take your meds!
                  That’s so retarded!
                  You’re a Marxist!
                  Your feet stink and you don’t love Trump!
                  Your source is leftist, so it must be false!
                  Trump rules and leftists drool!
                  You are SOOO icky-poo!
                  But Goo-Goo-Gah-Gah!

                  Wow, I am now 11 times as smart and original as you are!

                  1. Brevity is the soul of wit.

                    SQRLSY eats ass.

      4. It probably didn’t help when y’all started sending death threats etc. to anyone who dared to express interest in representing him.

        1. People are saying all the death threats were coming from radical Trumpist traitors.

          1. 2nd Georgia election official says he’s getting death threats

            ATLANTA — Another official with the Secretary of State’s office said he is getting death threats after certifying President-elect Joe Biden’s win in Georgia.

            Gabriel Sterling, the office’s voting systems implementation manager, said on Twitter that he has police protection around his home due to threats. He also said there have been multiple attempts to hack his email. AJC

            Trumpers are threatening other Republicans that won’t cheat for Trump.

            1. It’s a bunch of crazed liberals pulling a false flag just like Jussie Smollett.

              You people are liars through and through.

              1. French actors guild hit hardest.

              2. Like the Alex Jones false flags and fake child actors? What kind of stuff are we talking about here?

              3. I admit that I can’t tell whether John el Galto is parodying a wacko Trump supporter or is one.

          2. People are also saying all the rioting his summer was Trump supporters. People say stupid stuff.

          3. They were coming from the Jussie Smollett types.

      5. Lawyers don’t want to argue BS in court? Are you new here?

        Every single case in history, one side is spewing BS and the other side is spewing BS-lite.

      6. ClickAd Review ✅ $5000 Bonuses, Discount, OTO Details

        https://fstoppers.com/photo/532750

      7. Rudy’s primary asset is that he’s already on the left’s fecal roster, so he doesn’t have to worry about getting death threats, just getting more death threats.

    2. The goal of these suits cannot be to win them, unless the campaign truly is befuddled. Which I find hard to believe. Guiliani, as vile as he is, knows better than this. He’s bright enough that he never makes his more extreme statements in front of a judge. Just in front of reporters so he can stir up shit.

      The goal is to keep stirring up shit for the sake of stirring up shit. Conservatives have been tossed from the party, all that remain are loyal contrarians. And stirring up shit for the sake of stirring up shit is what contrarians do.

      Trump is leaving office January 20th. It’s time the party bigwigs started acting like it instead of gainsaying conspiracy theorists.

      p.s. Remember when Reason comment section didn’t like Guiliani? Now he’s their personal savior? Huh?

      1. I think the purpose is three fold.

        1) To establish that our election system is a terrible mess, and needs to be fixed before the next major election.

        2) To make Republican think Trump was robbed, so they’ll be likely to stick by him, instead of abandoning him as a loser.

        3) And maybe the horse will learn to sing.

        1. The first idea makes no sense. The Administration’s spokesman, before being fired, stated this was the most secure election in history. This country in the midst of pandemic conducted a very successful election. Very few problems leading up to or during the election. The mess is the result of accusations made after the election was lost by one candidate. I am not sure what has to be fixed here?

        2. Get rid of the electoral college, or reapportion house seats so that rural-americans don’t have many multiples the voting power of smart Americans, and you will have fixed our electoral system. Something tells me that is not what you are talking about, though.

      2. At it’s core, I think this is an emotional reaction. Trump’s entire self image is built on “winning.” Not winning fairly given his epic reputation for cheating at golf. Rules are for suckers. This is a tantrum, a pout, and an attempt to cheat. Deny Biden the victory by discrediting it and Trump gets to tell everyone he won. The narrative also allows Trump to bathe in the glory of the news cycle. He’s like a heroin addict seeing his stash get low. He has two more months where his tweets drive the news cycle. When he’s a former president, not so much. Trump also has figured out he basically owns the Republican Party now. That’s a tool for political and financial power. The ongoing campaign feeds his fanatical supporters (who turn out in primaries) which allows him to be a feudal lord and position himself for a 2024 run. In the end, what he does is all about him.

    3. The case doesnt really need arguing.

      The mail-in ballots are the largest election fraud in US history. Add in open violations of the powers of state legislatures with election law changes.

      There is a reason that Clarence Thomas has not retired once the media says that Biden “won”.

    4. Rudy is a fucking sheister – and always has been. Cuomo is the next Rudy. They are made men during tragedies. Doesn’t matter what they do, they’re heroes. Never trust a media-made hero.

  3. As long as you sleep, we will fight for you :). You’re welcome.

  4. This shit is getting to be really entertaining. Keep up the fight Donnie Boy!

    I hope the Con Man is dug out of his spider-hole Saddam-style on Jan 21 by the Secret Service and some of those military “losers” the Trumps like to dump on and laugh at. Like Saddam he will be disheveled, unshaven, and disoriented with the “fake media” recording the whole thing and laughing at his sorry lying ass.

    1. It would be funny to see Trump go immediately from president to under arrest for trespassing in a secure government building (White House).

      1. I can’t wait to see what kind of shenanigans he gets up to at the inauguration. Presidential gravitas and decorum have been absent the last four years, so I half expect him to be in the background during the inaugural speech with his thumbs in his ears, his tongue sticking out, saying “na-na-na-na-boo-boo, stick your head in doo-doo!” On the other hand, what are the odds that Sleepy Joe will go on about how the Kaiser stole our word for “twenty,” while wearing an onion on his belt, as was the fashion at the time.

        1. Go somewhere else dude. Just leave.

  5. From the judge’s decision.

    “In this action, the Trump Campaign and the Individual Plaintiffs (collectively, the “Plaintiffs”) seek to discard millions of votes legally cast by Pennsylvanians from all corners…”

    Interesting that he can aver that all the votes were legally cast without evidence.

    1. “discard millions of votes” — he did not say “all votes”.

      1. Pick any nits recently? You know what was meant.

        1. LOL. That is not a nitpick.

    2. No, that’s not quite right: If Trump gets his way, ALL the ballots get discarded, because you can’t tell which were illegal at this point. So, yes, you would be discarding millions of legally cast ballots, along with the illegally cast ones.

      Mind you, in local elections, this is exactly what gets done if you prove enough illegal ballots were cast to have thrown the outcome: The election result gets decertified, and you do it over.

      Kind of a tight schedule here for doing it over, though.

      My take away on this is that Trump had no chance of prevailing, because the judge wasn’t willing to contemplate ordering the only available remedy. In fact, that’s more or less what the judge said.

      1. With the exception of the North Carolina Congressional election in 2018 where the Republican Candidate’s campaign cheated I can not think of another election being thrown out and redone. Can you name another?

        1. It’s always projection.

    3. If votes from a batch are 98% legitimate and 2% fraudulent and you can’t separate the two anymore, you have to discard all of them.

      1. Cite? (either to a law that says this, or to logic that dictates it)

      2. You may have to, I don’t.

  6. Any decision this close, whether voting or what kind of cake to have, is going to leave half the participants pissed off. Trump won 2016 be thin margins in several states; he’s losing 2020 by equally thin margins in several states.

    Close decisions mean the losers didn’t try hard enough. It’s pathetic when a 17-16 baseball game lose is blamed on bad umpiring, because if they had been definitively better, the losers would have won by enough to negate any bad umpiring. Here, Trump sees lots of his “own” party telling him he lost; perhaps if he had not treated them so badly, insulted so many of them, and stomped all over them, they might have come out on his side even for the lousy court cases he’s had so far.

    Tough noogies. Too bad for the nation; as bad as Trump has been, Biden will be worse in every way. But them’s the brakes. Treat your allies and partners like shit, get treated like shit.

    1. as bad as Trump has been, Biden will be worse in every way

      There is no way Biden runs up a $3.1 trillion deficit like Trump did this pas FY.

      Mitch won’t let him do it.

      Gridlock is the libertarian way.

      1. For the fans of gridlock (and I’m one), at least Trump had a hostile House of Representatives working against him. I’m guessing there’s even odds of the Democrats taking the Senate by the time GA quits screwing around. With the Democrats running unchecked at the federal level, we’re looking at lot of bad ideas being made flesh and heading our way. With the only defense being a somewhat originalist Supreme Court*. And we can thank Trump for that.

        *if it doesn’t get packed

        1. Something tells me shrike will be okay with that scenario.

      2. Mitch will not be leader as of January. Democrats are fraudsters. Do you really think they’ll let the Georgia runoffs go by honestly? LOL

        Thousands of liberals are flocking to GA to vote illegally and then move back to their hellholes. Didn’t you hear Andy Yang?

        1. And repubs are all angels. Gfy believer.

    2. There is a lot you say is correct. This race was close and in the end it was Trump himself that lost the race. I noted that much of his campaigning in 2020 was complaining. He did little to make his case for another four years.

      1. He shouldn’t have had to do much – he was fucked for four years and then when they couldn’t soft coup him, China unveils their endgame with dem lapdogs firmly in tow.

        China has too goddamn much money and can buy our fucking politicians from the top down. Granted, they’ve always been for sale to the top bidder.

        And I guess capitalistic authoritarianism isn’t as bad as Marxist socialism, but still, China can and should get fucked.

  7. They are going before SCOTUS whether Reason or the trolls like it or not. And most of the justices do not decide outcomes based on the things Journalism majors care about. They don’t care about Twitter popularity or Zoom cocktail party invitations. All they care about is the law and the constitution.

    Our Supreme Court is not like the court of public opinion, at least not yet. For that I am grateful.

    1. SCOTUS won’t touch this case. They will deny cert without comment and let the Appeals court dismissal stand.

      1. Remember this past Monday when SCOTUS declined to take up the Trump campaign’s case. Trump clingers here said that doesn’t mean they won’t take it up on another day. It’s been a week.

        1. There are 3 weeks left.

          1. Left til what? You begin the grieving process?

        2. https://www.oann.com/scotus-issues-new-circuit-assignments/

          Conservative judges assigned in key states. As your side likes to say, the walls are closing in

          1. lap83: SCOTUS only decides cases based on the law and the constitution!
            Also lap83: Look at all these conservative judges on the case! We’re gonna win for sure!

            1. If they didnt care about the constitution they wouldn’t be conservative

              1. Like all those conservative judges who systematically trashed the Fourth Amendment over the years. Yeah. Sure.

              2. Conservatives seek to get rid of the Bill of Rights so they can bring back the Star Chamber and medieval tortures of the Inquisition. Christian National Socialist Germany actually pulled it off for nearly as long a period as the Volstead Act survived in These United States.

          2. linking oann?

            Jesus fucking christ.

            Why don’t you just mainline opiates? It would be less harmful to your critical thinking.

            1. OANN is more trustworthy than NYT.

              OANN never covered up genocide, after all.

      2. That’s more or less my expectation, too. The refusal to take the Pennsylvania case before the election was decisive. If the Court were willing to intervene, they’d at least have ordered ballot segregation before the election, rather than waiting until too late.

        1. Not sure what ballot segregation you’re talking about, but Pennsylvania did segregate the late-arriving ballots. It appears there weren’t enough to matter.

    2. They are going before SCOTUS whether Reason or the trolls like it or not.

      nope, not a chance; SCOTUS will toss it right back to the lower courts…there is no way it will agree to tossing millions of votes based on hurt feelings…

  8. Lack of standing has nothing to do with the arguments. It’s exactly how they kept the question of Obama’s natural born status from being adjudicated. People have bern complaining about these voting systems since they started. PBS did a show ONE WEEK before the election about how terrible the Georgia voting system was. Now all of the sudden they’re perfectly fine?

    1. I read the entire decision. Did you?

      The judge explains in excruciating detail why the plaintiffs do not have standing. It’s not the judge’s fault the complaint was poorly done.

      1. Not having standing has nothing to do with the merits of the case. It just means YOU can’t bring the case.

        1. You are rearranging deck chairs.

          Read the decision. It’s epic. Standing is a tiny fraction of the deficiencies the judge addresses.

          Restores my faith in rule of law.

          1. These guys don’t read things until they’ve been filtered through breitbart, pjmedia, or oann.

          2. That’s what appeals are for.

  9. Faith in institutions.
    Faith in press.
    Faith in career politicians.
    Faith in fanatical leftists.
    Faith in tech oligarchs.
    Faith in cronies and Top Men.

    Thus is the gospel of Reason, and its sycophants.

    You know what you need to do, Americans.

    1. So what do “Americans” need to do, Nardz? Why don’t you spell out what you think. You like to hide behind oblique threats. State plainly what you want.

      Do you want violent revolution? Do you want right-wing death squads? What do you want?

      According to you all, the gulags are right around the corner for conservatives. Do you think that right-wingers should declare their pre-emptive revolution before the cattle cars start coming around to their neighborhoods?

      And by the way. “Americans” includes all of us, left-wingers and right-wingers. Perhaps you ought to learn to live in a pluralistic society instead of continuing to divide citizens into “real Americans” and “not real Americans”.

      1. Nardz and his fellow travelers don’t believe “the others” deserve to live. The theme has popped up on other threads. He has a binary world view: believers and heretics. He (or she) is just deeply unhappy there isn’t a inquisition. I have no idea how he washed up on the beach of a libertarian magazine, no idea at all.

      2. Narcz is the perfect example of why Boss Trump is deposed for a regime eager to cancel the Second Amendment and disarm to appease communist China, maybe snivel so they cut back on the germ warfare. If China were to come up with a virus that selectively kills National Socialists, I’d be tempted to send them a donation. Prohibition Party nationalsocialists are as much a liability today as when they morphed into the German-American Bund investigated by HUAC in the 1930s.

    2. They need to accept a clear loss like adults and try again in 4 years? You know, the way we’ve done it since 1787?

      1. Have you heard of Russiagate? The Mueller investigation? The impeachment? Trump should NEVER concede. He should do everything possible to hinder the Biden, sorry Harris, administration. He shouldn’t even show up at the inauguration. These people are evil and we stand against them now or become slaves. Liberty or death.

      2. WHAT?! And LET females, hippies or brown people think they have any say in their own bodily functions?!

    3. All-talk right-wing pansies are among my favorite culture war casualties.

      You will comply, Nardz. As always.

    4. I’m starting to think you guys are gonna need a real lesson in humility.

      Not to worry. The military industrial complex has many gadgets and gizmos that will familiarize walmart ar15 larpers with humility.

      Or are you gonna blow up a daycare to make your point, and have the FBI introduce you to humility?

      Either way.

      1. Like the military is going to follow a bunch of commies. If anything they’ll throw the bastards out.

        1. Yeah… here’s someone who owns both the original and remake of “Red Dawn.”

        2. Like the military is going to follow a bunch of commies. If anything they’ll throw the bastards out.

          If the military ever decides to get their game on for real, they will throw both sets of bastards out. Given the level of “Honor the troops” attitude in this country, I would expect current soldiers, veterans, their families, the MIC, and many of those who feel guilt at never having taken the oath to stand and cheer.

          “So this is how liberty dies… with thunderous applause.” -Padme

    1. “Really baffling that Trump sent Rudy to argue this case.”

      Are you kidding? Giuliani, Powell*, and Ellis are the Elite Strike Force of the Trump Legal Team!

      Much as the Volokh Conspirators are the Elite Strike Force of conservative legal academia.

      (* Powell seems to be on double secret probation for reasons no clinger can understand)

  10. Yeah Geez; That’s not “voter fraud”; it’s “human error” and voting machines didn’t have “fraud” either it was just a “glitch” and when guns shoot people it’s not murder or self-defense it’s “gun error”…

    Masters of Manipulation = The Left.

    1. Are you taking about *this* case, because Giuliani literally said to the judge this case is not about fraud. It is supposedly an equal protection case.

    2. Write that down. That’s what lawyers do.

    3. Republican National Socialism is socialism too.

  11. A great trial lawyer described this situation with precision decades ago:

    “Only we have a problem here. And you know what it is? . . . That man there wants a win so badly today, it means so much to him, he is so carried away with the prospect of winning, the idea, that he forgot something absolutely essential to today’s proceeding. He forgot his case. He forgot to bring it. I don’t know, I don’t see it, do you?”

  12. what happened to Rudy? considering the reputation he got after 9/11, this is extremely disappointing to watch. he was set to be remembered fondly by all, but his attachment to Trump has officially turned his legacy into one of shame.

    also…. i think this may be the first time i have ever seen “Frankenstein’s monster” used in a legal decision.

    1. It is more like Bigfoot. There are lots of people who swear they have seen Bigfoot. They have searched for him and recorded things but we never actually find Bigfoot because he does not exist.

  13. Democrats and their left wing media allies (which didn’t include Sullum until Koch bought Reason) are aggressively trying to intimidate malleable Republicans in State Legislatures and US Congress to declare Biden the winner in order to prevent them from exercising their rights (to determine the next President) that are clearly delineated in the US Constitution.

    1. Another person who is less than 4 years old. Amazing the number of prodigies we have here!

    2. Fabian Socialists are staving off the same Germanic fanaticism that inspired Comstock laws to ban condoms, douches and motherly advice on the rhythm method back in 1873. Republican National Socialists do not understand that “free” in 1A means “without coercion at gunpoint.” Their determination to buy the medical cartel and use coathangers to force women into labor against “race suicide” is the new dynamo generating communism in These States. The old dynamo was the Amendment making beer a federal felony. That got rid of Republicans from 1932 to 1952.

  14. As long as you can judge shop, you can get most any ruling you want.

    1. Most of the judges Republicans need today were convicted at Nuremberg in 1947.

  15. Every month I am earning online more than $8650 by doing a very simply online job from my home. By doing this in my part time I was able to save enough to buy me a new car in just a few months. This is so freaking easy that everyone should try it… Start making some dollars online today by following instructions on this website …..
    ➢➢➢➢ CLICK HERE FOR FULL DETAIL

  16. Christian National Socialists in Arkansas, Kentucky, Missouri and Tennessee, plus as many more George Wallace Dixiecrat bastions have enacted legislation such that if the 1972 LP platform plank that became Roe v. Wade is overturned, snipers, bullies, vandals, arsonists and other domestic terrorists will be unleashed to bring back coathanger abortions. This, triggered by Amy Coney, is the primary reason Trump was defeated. The LP abandoned women, but the Dems took up that discarded plank and current drug plank, added subsidies and got their politicians hired. The lesson is that infiltrating Prohibitionist nazis will betray any values and tell all lies in order to again have the whip hand over pregnant women (and keep shooting youths over foliage). You got what your deserve.

Please to post comments