The three-judge panel for the 3rd US Circuit Court of Appeals denied the campaign's effort to refile its lawsuit, saying its allegations had already been rejected by multiple state judges in Pennsylvania and the latest attempt to revive them could not be spun into a winning theory.
"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," wrote Judge Stephanos Bibas, a Trump appointee, for the panel.
"The Campaign never alleges that any ballot was fraudulent or cast by an illegal voter," wrote Bibas. "It never alleges that any defendant treated the Trump campaign or its votes worse than it treated the Biden campaign or its votes. Calling something discrimination does not make it so. The Second Amended Complaint still suffers from these core defects, so granting leave to amend would have been futile."