According to Reuters reporter Brad Heath, the Commonwealth of Pennsylvania has filed a motion in federal court seeking to toss out the Trump campaign’s lawsuit to enjoin the election certification, which happened Tuesday afternoon.
Noting that “no court has ever enjoined a state’s certification,” lawyers for the Commonwealth dismantled the Trump camp’s arguments, noting that they were all claims without evidence, not to mention they were improperly filed with the court.
The motion from the Commonwealth notes that Trump doesn’t assert a concrete claim, the campaign has only “the rough outline of a potential statistical analysis – and theories about an elaborate conspiracy – precedent requires much more than hypotheticals to justify injunctive relief.”
The Trump campaign, the Commonwealth asserts, has yet to actually prove anything nefarious has occurred and lacks any evidence to demonstrate that the certification of the vote would actually irreparably harm the campaign, although the campaign’s motion would irreparably harm the voters of Pennsylvania and the election system.
The Democratic National Committee submitted an amicus brief in the case, noting that even if the court were to rule that the Commonwealth could actually de-certify the election, no party in the suit has the authority, from the state constitution, to undertake that process.
The DNC also argues that the Trump campaign needs to demonstrate that it would be successful in overturning more than 80,000 votes in the state, which it hadn’t accomplished.