Michigan appeals court delivers latest defeat against Trump campaign lawsuit
The Michigan Court of Appeals on Friday rejected an appeal from the Trump campaign that attempted to stop ballot counting among other alleged issues in the Wolverine State, calling the effort moot.
The 2-1 ruling marks the latest defeat for the Trump campaign, which has filed various lawsuits in an attempt to challenge the election outcome showing President-elect Joe Biden’s win.
The court stated that campaign lawyers had not followed proper procedure when filing the suit. Though the appeal initially began on Nov. 6, it was not filed in completion until Nov. 30 — a week after the state had certified its election results, validating Biden’s win, according to the filing.
The court found that the only valid recourse at the time would have been to request a recount, but the window to do so had passed.
“Because plaintiff failed to follow the clear law in Michigan relative to such matters, their action is moot,” Judge Stephen Borrello wrote in the order.
️BREAKING: MICHIGAN Court of Appeals, on a 2-1 vote, DENIES Trump campaign’s request to appeal a lower court loss that sought to stop the counting of mail ballots. Another legal DEFEAT for the Trump campaign pic.twitter.com/p8QZOlzFDW
— John Kruzel (@johnkruzel) December 4, 2020
Dissenting Judge Patrick Meter argued the appeal should be heard by a three-judge panel, arguing that the “issues are not moot because state electors have not yet been seated, the Electoral College has not yet been assembled, and Congress has not yet convened.”
The order upholds a previous ruling in early November that denied Trump’s attempt to stop absentee vote counting.
The ruling marks the latest denial in a slew of recent legal losses for Trump and his legal team.