A federal appeals court dismissed a lawsuit by the Trump campaign over Pennsylvania‘s voting procedures on Friday, paving the way for the issue to escalate all the way up to the Supreme Court.
Despite Trump’s lawyer Rudy Giuliani arguing to a lower court that widespread voter fraud occurred in a state where President-elect Joe Biden won by over 80,000 votes, the 3rd U.S. Circuit Court of Appeals said “the campaign’s claims have no merit.”
The Trump campaign has the option of asking the U.S. Supreme Court for emergency injunctive relief, which would go to Justice Samuel Alito, who would then likely ask his eight colleagues to weigh in.
“The activist judicial machinery in Pennsylvania continues to cover up the allegations of massive fraud. We are very thankful to have had the opportunity to present proof and the facts to the PA state legislature. On to SCOTUS!,” Jenna Ellis, Trump’s attorney and campaign adviser, said in a statement on Twitter after the court ruling.
Friday’s ruling upheld U.S. District Judge Matthew Brann’s take on the Trump campaign’s error-filled complaint, which Brann said, “like Frankenstein’s Monster, has been haphazardly stitched together.”
The three judges on the panel were all appointed by Republican presidents.
“Free, fair elections are the lifeblood of our democracy. Charges of unfairness are serious. But calling an election unfair does not make it so. Charges require specific allegations and then proof. We have neither here,” Judge Stephanos Bibas, a former law school professor, wrote in his ruling.
The decision is the latest blow to Trump’s efforts to prove the election outcome in several battleground states where he lost were “rigged.”
Giuliani held a public hearing alongside Trump on Wednesday and alleged that Republicans were denied the opportunity to observe the canvassing process, with Trump claiming they have “hundreds and hundreds of affidavits” of witnesses’ personal stories to back their argument up.
However, the so-called proof has not been presented during numerous court hearings, with judges repeatedly ruling against the Trump campaign.
In addition to Pennsylvania, Giuliani claimed that similar schemes also took place in Michigan, Wisconsin, Nevada, Arizona and Georgia.
Fox News’ William Mears contributed to this report.