Blitzkrieg Ballots
The blitz is on! Is there sufficient time between Election Day and certification to allow a challenge based on the general conduct of the election affecting a very large number of votes?
By Jay Whig
November 28, 2020
The 3rd U.S. Circuit Court of Appeals on Friday ruled against the Trump campaign. President Trump’s legal team had appealed a federal district court ruling in Pennsylvania on the narrow grounds that the Trump campaign should be permitted to amend its original complaint a second time.
Ordinarily, courts liberally permit parties to amend their complaints. And in that light the court here noted “[c]ourts should grant leave to amend ‘freely . . . when justice so requires.’ [Citation omitted.] In civil rights cases, that means granting leave unless ‘amendment would be futile or inequitable.’â€
The court held, however, that the proposed amendment by the campaign indeed would be futile and inequitable. Case closed. Game over.
It would be futile, the court noted—no less than eight times—because the Trump campaign did not allege fraud. The court pointed out that campaign counsel Rudy Giuliani in open court admitted that the campaign was not pleading fraud.
The proposed second amended complaint did allege “a deliberate scheme of intentional and purposeful discrimination.†The court, however, said that this and the other allegations in the proposed second amended complaint were conclusory rather than supported by fact and that the campaign had already litigated many of these issues and lost.
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https://amgreatness.com/2020/11/28/blitzkrieg-ballots/
