I expected it would be weak based on the 105-page complaint, but this motion is even weaker than I thought. The primary complaint is one about which the campaign might not even have standing—a claim that the ordinary rules that election officials applied in running the election somehow usurped the power of the state legislature to set the rules for elections. That’s something for the legislature to complain about, and something that the campaign could have complained about well before the election. The same goes for its equal protection argument.
They cite no authority for asking a federal court for delay in state certification, and no good explanation as to why a delay would help to further the state’s case.
There are many other problems here, and I hope to have time later to go through this more.
But I’m co-Reporter on the ALI Torts:Remedies project, which is meeting all day Friday, so I’ll mostly be out of pocket through tomorrow.