Story · November 27, 2021

Trump’s Pennsylvania appeal falls flat in federal court

Court rejection Confidence 5/5
★★★★☆Fuckup rating 4/5
Serious fuckup Ranked from 1 to 5 stars based on the scale of the screwup and fallout.
Correction: This story has been updated to clarify the appellate court’s narrow ruling and the timing of Pennsylvania’s election certification.

A federal appeals court rejected the Trump campaign’s Pennsylvania appeal on Nov. 27, 2020, a few days after the state had already certified its 2020 election results. The ruling did not change the certified outcome. It did, however, shut down another attempt by the campaign to keep its challenge alive after the district court had already turned it back.

The Third Circuit’s decision was narrow but decisive. The case was about whether the campaign should be allowed to amend its complaint after the lower court dismissed it. The panel said no. In the court’s view, the campaign had not supplied the kind of specific allegations and proof needed to support the sweeping relief it was seeking. Judge Stephanos Bibas, writing for the panel, said that calling an election unfair does not make it so and that the campaign had not shown enough to move forward.

That mattered because Pennsylvania was one of the most important states in Donald Trump’s post-election litigation. The campaign was trying to use the courts to reopen disputes over ballots, certification, and election administration after the vote was already counted and the state had finished certifying the results on Nov. 24, 2020. The appeals court did not treat broad claims of fraud or unfairness as enough to justify that kind of intervention. It required a concrete factual basis and a legal theory that fit the remedy requested. The campaign did not clear that bar.

The result left Trump’s Pennsylvania case where the district court had put it: rejected on the facts and rejected on the law. It also showed the limits of the broader post-election strategy. Repeated filings could keep headlines moving, but they could not supply missing evidence or turn general accusations into a viable case. In Pennsylvania, the record the campaign offered was not enough to change the outcome.

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