On Friday, November 27, President Trump lost his election case in the Third Circuit. He had alleged that different Pennsylvania counties had used different procedures for accepting ballots, and that therefore the entire popular vote should be ruled invalid. Donald J. Trump for President Inc. v Secretary Commonwealth of Pennsylvania, 20-3371. This is the first election-counting decision from 2020 from any U.S. Court of Appeals.
The decision is by Judge Stephanos Bibas, a Trump appointee. It is also signed by two George Bush, Jr. appointees, D. Brooks Smith and Michael Chagares. The decision says that just because different counties use somewhat different procedures concerning ballot acceptance, that in itself does not violate the Equal Protection Clause. The decision also says, “The Campaign never alleges that any ballot was fraudulent or cast by any illegal voter.” Here is the decision. Thanks to Rick Hasen for the link.