Retired Republican judge joins fight against ‘centerpiece’ of Trump’s effort to overturn election loss
WASHINGTON, Nov 19 – A conservative federal judge who ruled on one of President Donald Trump’s lawsuits has joined several other federal judges in arguing that part of Trump’s effort to overturn the 2016 election loss to Democratic candidate Hillary Clinton was unlawful.
In September, U.S. District Judge James Boasberg blocked the Electoral College as a mechanism to select the next president based in part on the First Amendment right to free speech and due process. Boasberg said that Trump’s campaign did not have a sufficient level of support in the Electoral College to be considered a “deem and pass” mechanism, that he and other judges said is constitutional under the federal system.
Boasberg has been one of two federal judges to rule against Trump’s efforts to overturn the election result.
The federal appeals court in Washington has agreed to hear the case, although no one expects an immediate ruling from the 6th U.S. Circuit Court of Appeals.
In addition to the 9th U.S. Circuit, which the Supreme Court will soon select, the appeals court has the next largest number of current judges, according to the court’s website. The most recent ruling by one of its judges came in September, when the court ruled that a North Carolina voter ID law that voters in many other states do not have access to was constitutional.
Boasberg, who has not yet retired, has made clear his opposition to Trump’s effort, calling it “a clear attempt to overturn the 2016 presidential election in order to make himself president,” and “a violation of basic principles of the Constitution and the Supreme Court’s decision in the Bush vs. Gore case.”
Trump’s campaign has been ordered to return $32 million in donations the campaign said