Scudder said the electoral changes were not significant, in violation of a constitutional provision that state legislatures determine the way the president selects voters. He was accused of challenging those rules after the election more than he had before Trump.
“The president had a full chance before the election to bring the challenges of Wisconsin law to the ground for his current claims. Predicting that opportunity, he can not now – after the election results are certified final – try to bring up those challenges,” Scudder wrote. The Commission issued the challenge well in advance of the election. “
The Federal Court of Appeals said it was not its role to enforce the details of state law, but to ensure compliance with the basic plan approved by the state legislature.
Whatever action the Commission took here, it was taken under the color of the power explicitly granted by the Legislature. That authority has not been diminished by allegations that the commission erred in its training, ”Scudder wrote.
The U.S. Supreme Court has been muted over Trump’s recent attempt to get judges to take on a similar challenge in Pennsylvania, where the president suffered a legal defeat Thursday in the Court of Appeals. Trump’s lawyers asked the High Court to respond to officials in Keystone County by noon Wednesday, but the court took no action as Americans prepared for the long holiday weekend.
A Georgia court on Thursday afternoon barred Republicans from tightening restrictions on Dropbox and increasing access to poll viewers in connection with the major dual Senate election set for Jan. 5.
At the end of a 90-minute hearing via Zoom, Fulton County High Court Judge Kimberly Esmond Adams dismissed the case earlier this month by the National Committee of the Republican Party and the Georgia GOP.
Adams ruled that “this court has sovereign immunity and has no jurisdiction to hear it,” citing a legal principle that limits many cases against state and federal governments to cases specifically recognized by law.
During the session, the state’s most senior election attorney modified the GOP to hire a law firm outside the state to handle the case.
“I understand she’s from Florida, and she’s a little unfamiliar with the law,” Senior Assistant Attorney General Russell Willard retained by the GOP following a presentation by a lawyer from Florida.