The federal appeals court on Friday rejected efforts to revive the Trump campaign lawsuit, citing Pennsylvania officials conducting the election in a discriminatory manner against President Donald Trump voters.
“Calling the election unfair doesn’t do that yet. The awards require concrete allegations and then evidence. None of us here,” said the unanimous tribunal of the Philadelphia-based U.S. District 3 Court of Appeals.
The opinion was written by Judge Stephanos Bibas, who was appointed to court by Trump. The other two judges were appointed by President George W. Bush.
After a federal judge dismissed their lawsuit on Nov. 21, comparing it to “Frankenstein’s monster,” Trump’s campaign attorneys asked the appellate court to allow them to retry an amended version. But the appellate court said it would have simply reworked the claims already denied by state and federal courts.
The panel called Trump’s allegations “vague and convincing” and stated that they did not invoke discrimination because they did not claim that Trump’s voters or election observers were treated differently from elected president Joe Biden.
While the president and his lawyer, Rudy Giuliani, continued to make false and baseless allegations of electoral fraud, the lawsuit itself did not allege fraud. Instead, he argued that some counties allowed voters to correct minor errors in their postal ballot, such as filling in some gaps, while others did not.
According to the court, a broad allegation of violations is not sufficient to sustain a lawsuit seeking to invalidate the election result: “Voters are not elected by lawyers but by voters.”
The lawsuit is one of 40 filed by Trump or other Republicans over the election results. The majority were dismissed, denied, resettled or withdrawn.
Later on Friday, Trump’s lawyers indicated that an appeal would be lodged with the Supreme Court.