https://amgreatness.com/2020/11/28/blitzkrieg-ballots/
The 3rd U.S. Circuit Court of Appeals on Friday ruled against the Trump campaign. President Trump’s legal team had appealed a federal district court ruling in Pennsylvania on the narrow grounds that the Trump campaign should be permitted to amend its original complaint a second time.
Ordinarily, courts liberally permit parties to amend their complaints. And in that light the court here noted “[c]ourts should grant leave to amend ‘freely . . . when justice so requires.’ [Citation omitted.] In civil rights cases, that means granting leave unless ‘amendment would be futile or inequitable.’”
The court held, however, that the proposed amendment by the campaign indeed would be futile and inequitable. Case closed. Game over.
It would be futile, the court noted—no less than eight times—because the Trump campaign did not allege fraud. The court pointed out that campaign counsel Rudy Giuliani in open court admitted that the campaign was not pleading fraud.
The proposed second amended complaint did allege “a deliberate scheme of intentional and purposeful discrimination.” The court, however, said that this and the other allegations in the proposed second amended complaint were conclusory rather than supported by fact and that the campaign had already litigated many of these issues and lost.
The court further opined, citing the Pennsylvania Supreme Court in In re Canvassing Observation Appeal of: city of Phila. Bd. Of Electors, that the Pennsylvania law requiring poll watchers and representatives, requires only that poll watchers be in the room, “not that they be there within any specific distance of the ballots.” The Trump campaign, the court added, had cited no case, and the court was unaware of any, suggesting that such a construction (watchers who cannot watch) of Pennsylvania law presented a question of due process.
Finally, the court said that allowing the Trump campaign to amend its complaint would be inequitable because the campaign had earlier insisted on the need to resolve the issues quickly. How could the campaign then claim that the additional time needed to amend was equitable? Time’s up. I’m late. I’m late for a very important date.