Wisconsin Supreme Court Refuses To Hear Trump Campaign’s Election Lawsuit

Topline

The Wisconsin Supreme Court ruled Thursday that it will not take up a Trump campaign lawsuit challenging the state’s election results, delivering a blow to the Trump campaign in its long-shot bid to challenge President-elect Joe Biden’s win even after major battleground states have certified their results.

Key Facts

Chief Critic

Jim Kroupis, the Trump campaign’s Wisconsin counsel, said in a statement the campaign will “immediately” send the lawsuit to a lower court, characterizing the Supreme Court’s order as a “direction” from the court rather than a loss. “It was clear from their writings that the court recognizes the seriousness of these issues,” Kroupis said. “We fully expect to be back in front of the Supreme Court very soon.”

Key Background

Wisconsin certified their election results on Monday, becoming the final battleground state to do so and kicking off a five-day period in which the Trump campaign could appeal the results. The Trump campaign had already ordered a recount in Milwaukee and Dane counties, which ultimately ended up actually increasing Biden’s margin of victory. The Trump campaign’s Wisconsin litigation is part of a broader effort by the campaign and their GOP allies to overturn the election results even after they’ve been certified, which includes a number of lawsuits filed by the Trump campaign and its allies in battleground states. The GOP’s previous lawsuits have so far been almost entirely unsuccessful, and election law experts broadly view the legal strategy as meritless and almost certain to fail. According to a tally kept by Democratic Party attorney Marc Elias, the president and his allies’ post-election litigation have so far netted only one win that has not been overturned and 41 losses.

Further Reading

Wisconsin Certifies Election, Makes Biden’s Win Official In All Battleground States (Forbes)

Here’s How The Trump Campaign Is Still Trying To Overturn Biden’s Victory (Forbes)

Wisconsin governor calls Trump lawsuit an ‘assault’ (Associated Press)