Sunday, February 14, 2021

The News from Pennsylvania

 I’ve been asked by some to update what’s going on legally in Pennsylvania. If this doesn’t interest you, scroll on.

Here’s what we know so far. The district court judge dismissed the election lawsuit. The case was so poorly presented that the judge actually had to sort things out himself in order to show that it was a nothing burger. As part of his ruling, the judge said, “you had a chance to amend your complaint and you did. You can’t come in a second time to say that you screwed up your amendment and need a second do-over.”

So now, this judgment is being appealed to the Third Circuit, complaining that the judge should have granted the second do-over, which the law says the judge has complete discretion to allow or disallow.

It gets better (worse). Having filed for an “expedited review”, the Trump team is saying “We messed up our first petition for expedited review, so we are now amending the petition.” The amended petition is, frankly, incomprehensible. From a legal standpoint, to call it embarrassing would be a compliment. The brief in support of the appeal is due by 4:00 today. I expect it to be as enlightening as chapter two of “The Bear” by William Faulkner. Stay tuned. [Written November 23, 2020]

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