But legal experts say courts that have already regarded the campaign’s claims with skepticism, if not outright scorn, are likely to treat election certifications as inviolate. And the more results certified in favor of Biden, the less likely it is that the Supreme Court, which has discretion over which cases it hears, will step into a controversy that cannot change the outcome of the vote.
“To say ‘there’s no chance’ is overestimating the likelihood of success,” Justin Levitt, a law professor at Loyola Law School in Los Angeles, said of the campaign’s Third Circuit gambits.
In its filings, the campaign seemed to understand that it stood little chance of blocking Pennsylvania’s certification. It asked for an emergency order blocking “the effects” of a “likely certification.” It also filed an expedited appeal of U.S. District Judge Matthew Brann’s Saturday ruling, specifically his denial of its request to file a second revised complaint in its lawsuit trying to invalidate mail-in ballots.