Trump Suffered another Defeat, on Christmas Eve, as a Federal Appeals Court Rejected his attempt to Challenge President-Elect Joe Biden’s Win by 20,682 Votes in Wisconsin.
A Three-Judge Panel of the Chicago-based 7th Circuit Court of Appeals Unanimously Dismissed Arguments from Trump’s Attorneys that the Wisconsin Election Commission Violated the U.S. Constitution through Steps prompted by the Coronavirus Pandemic, including Eeasing Photo Identification Requirements and Allowing the Use of Dropboxes to Collect Absentee Ballots.
The Appeals Court Judges who Ruled against Trump were All Republican Appointees. The Author of the Court’s Opinion, Judge Michael Scudder, was Appointed by Trump.
Scudder said the Election Changes were Not Significant enough to run Afoul of the Constitution’s Provision that State Legislatures determine the Manner of Selecting Presidential Electors. He also Faulted Trump for Challenging those Provisions after the Election, rather than before.
“The President had a full opportunity before the election to press the very challenges to Wisconsin law underlying his present claims. Having foregone that opportunity, he cannot now — after the election results have been certified as final — seek to bring those challenges,” Scudder wrote. “All of this is especially so given that the Commission announced well in advance of the election the guidance he now challenges.”
The Federal Appeals Court said it was Not its Role to Enforce the Details of State Law, but to Ensure that the Basic Scheme the State Legislature Approved was Adhered to.
“Whatever actions the Commission took here, it took under color of authority expressly granted to it by the Legislature. And that authority is not diminished by allegations that the Commission erred in its exercise,” Scudder wrote.
The Legal Defeat for Trump at the Appeals Court came as the U.S. Supreme Court remained Mute about Trump’s latest Bid to get the Justices to take up a similar Challenge in Pennsylvania. Trump’s Attorneys had Asked the high Court to Order Officials in the Keystone State to respond by Noon on Wednesday, but the Court took No Action as Americans Prepared for the Long Holiday Weekend.
2020 Voting Lawsuits show the need for the Supreme Court, as it did for Gerrymandering Cases, shoiuld No longer have the Federal Courts take Voting Cases, leaving them to the Highest Court in a State, unless a Voting Process State Law Violates a Federal Law.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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