Following Third Circuit Ruling, Trump Campaign Abandons Half Its Pennsylvania Federal District Court Case; Other Half Faces Tough Road

As I expected, yesterday’s Third Circuit ruling finding no standing for a challenge under the Elections and Elector Clauses has had an impact on the federal district court case brought by the Trump campaign in Pennsylvania: the campaign has abandoned those issues, leaving only its Bush v. Gore type equal protection claim.

The court may not even reach the merits of the equal protection case. See pages 7-9 of this DNC filing on the potential lack of standing in these cases. The claims also are brought too late and a federal court may abstain from getting involved.

Even if the court reached the merits, Ned Foley argues that disenfranchising voters is not the right remedy, as shown by the Franken v. Coleman race. And even if it were a cognizable equal protection claim, it does not appear to involve nearly enough ballots to change the results in Pennsylvania. And even if it changed the results in Pennsylvania that would not be enough to change the electoral college outcome.

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