A federal appeals court just dismissed President Trump’s lawsuit alleging voter fraud in Pennsylvania, and though Democrats have hailed the decision as a victory for Joe Biden, the challenge is far from over.
A three-judge panel on the U.S. Court of Appeals for the Third Circuit decided on Friday that the Trump team’s claims have “no merit,” but the dismissal of the case allows the Trump legal team the option to take the challenge all the way up to the Supreme Court.
Trump attorney Jenna Ellis, who is leading the election challenges along with co-counsel Rudy Giuliani, tweeted on Friday that the legal team has every intention of taking advantage of the opportunity to escalate to the SCOTUS.
“@RudyGiuliani and me on Third Circuit’s opinion: The activist judicial machinery in Pennsylvania continues to cover up the allegations of massive fraud,” said Ellis.
“We are very thankful to have had the opportunity to present proof and the facts to the PA state legislature. On to SCOTUS!”
The 3rd circuit panel rebuked the “haphazardly stitched together” suit and said that “free, fair elections are the lifeblood of our democracy. Charges of unfairness are serious. But calling an election unfair does not make it so. Charges require specific allegations and then proof. We have neither here.”
Fox News reported that if Ellis and Giuliani pursue injunctive relief from the Supreme Court, the request “would go to Justice Samuel Alito, who would then likely ask his eight colleagues to weigh in.”
Conservative judges hold a narrow majority on the Supreme Court currently, though Justices Neil Gorsuch and Brett Kavanaugh have sided with the liberal contingent of the court on more than one occasion.