Election Litigation Status

[Res Ipsa]

So, I think we can get a pretty good idea of which cases are still in active litigation:

Pennsylvania (Certified)

Kelly v. Pennsylvania
Commonwealth Court of Pennsylvania
Filed by a group of losing candidates and private citizens
Seeks to prevent certification or an order requiring the legislature to appoint electors
TRO granted that halts certification process. Hearing scheduled for 11/27.

Trump v. Boockvar
3d Circuit Court of Appeals
Filed by Trump and two citizens
Seeks to have election certified for Trump
Pending appeal of trial judge's denial of motion to amend complaint; Oral argument requested by Trump

Michigan: (Certified)

None active


Wisconsin (Recount in progress)

Wisconsin Voters Alliance vs. Wisconsin Election Commissions
Wisconsin Supreme Court (original jurisdiction)
Filed by a Voting Rights Organization and a bunch of voters
Seeks to block certification and have the legislators select presidential electors
Petition filed

Georgia (Certified, Recount in progress)

Lin Wood v. Raffensperger
11th Circuit Court of Appeals
Filed by private citizen
Seeks to block certification or have election declared invalid
Court ordered briefing on jurisdiction due 12/1

Wood v Raffensberger [sic]
Fulton County Superior Court
Election Challenge by private citizen
Seeks to void the election and order the legislature to void the election or order a new election
Petition filed

Arizona

Aguilera v. Fontes
Maricopa County Superior Court
Filed by two private citizens
Seek to be able to cast ballots and changes for next election
Evidentiary hearing held 11/23

Nevada (Certified)

Rodimer v. Gloria
Clark County District Court
Filed by losing candidate
Seeks a revote Clark County or Congressional District 3
Petition filed; Motion for change of judge pending

Law v. Whitmer
Carson City District Court
Filed by individuals and Trump electors
Election contest that seeks to declare Trump the winner
Motion to dismiss and motion for expedited discovery pending
Hearing set for 12/3

[Gunnar]

Trump Can't Install Himself as President, But His Actual Goal May Be Immunity From Prosecution
Glenn Kirshner may be right. Could this be the real reason Trump is fighting so desperately to avoid conceding the election? Could he really be trying to use conceding as a bargaining chip to be granted immunity from prosecution?

That is a possible Trump goal (although the idea of Trump, who tends to operate in the transactional now, having subtly crafted goals has a measure of implausibility).

Yup! But if the idea had happened to somehow enter his head, or been suggested to him by someone, he probably would have grasped at it.

(a) I cannot see any way Trump has enough bargaining power to extort immunity from Federal AND State prosecution (even if the latter turned out to be constitutional). He's highly unlikely to be able to overturn Biden's advantage in the electoral college as things now stand. What's he going to do - threaten to nuke Scranton?

I certainly agree with that, as does Kirshner.

(b) It is unlikely that such a bill would pass both houses of Congress, even if the Senate passed it.

Of course. There is an infinitesimally tiny chance that even the Republican controlled Senate alone would pass such a bill, and zero probability that the house of Representatives would.

[subgenius]

Trump Can't Install Himself as President, But His Actual Goal May Be Immunity From Prosecution
Glenn Kirshner may be right. Could this be the real reason Trump is fighting so desperately to avoid conceding the election? Could he really be trying to use conceding as a bargaining chip to be granted immunity from prosecution?

I am unaware of any necessity for Trump to concede. The law does not require it, correct?
So what is the "leverage" you are imagining?

[Gunnar]

If they seriously consider Trump's ridiculous legal challenge to be at all valid, they are either fools or cowards who have succumbed to Trump's bullying and intimidation, or just as corrupt and dishonest as Trump himself. If they actually do overturn the election based on Trump's completely specious claims, they are outright traitors to our democratic republic.

The MI legislature is looking into making improvements in the process for future elections, not trying to change the results of this one. https://www.detroitnews.com/story/news/ ... 390475002/

That's reassuring. Thanks!

Basic Appellate procedure: The loser at trial has a right to an appeal in the Court of Appeals. An expedited hearing in election litigation is SOP, given the deadlines involved.

I'm glad that it doesn't amount to more than that, and that the appeals are unlikely to materially affect the election results.

[Doctor CamNC4Me]

[Gunnar]

Trump Can't Install Himself as President, But His Actual Goal May Be Immunity From Prosecution
Glenn Kirshner may be right. Could this be the real reason Trump is fighting so desperately to avoid conceding the election? Could he really be trying to use conceding as a bargaining chip to be granted immunity from prosecution?

I am unaware of any necessity for Trump to concede. The law does not require it, correct?
So what is the "leverage" you are imagining?

Only the delusional leverage Trump might be imagining he has by refusing to concede or delaying his concession in hopes of getting some kind of immunity from prosecution. Obviously no one can force Trump to concede he lost, but whether he concedes or not, he has no choice but to leave office by January 20, voluntarily or not.

[Some Schmo]

A little tame for my liking, but it makes the point.

[Gunnar]

A little tame for my liking, but it makes the point.

Tame, you say? It may seem hyperbolic to some, but I'm inclined to agree with you. It is hard to overstate the damage Trump and his sycophantic, gullible minions have done to the fabric of our democracy and mutually respectful discourse.

[Philo Sofee]

I honestly don't think a Republican can possibly write such incredible factual descriptive prose...

[Res Ipsa]

Interesting piece in Politico about Michigan's fake voter scandal. https://www.politico.com/news/magazine/ ... acy-440475