Unfortunately the Wisconsin Supreme Court has refused to hear Trump’s case, saying it needs to go through the lower courts first:
KCBS RADIO – The Wisconsin Supreme Court on Thursday refused to hear President Donald Trump’s lawsuit attempting to overturn his loss to Democrat Joe Biden in the battleground state, saying the case must first wind its way through lower courts.
Trump had asked the Wisconsin Supreme Court to disqualify more than 221,000 ballots in the state’s two biggest Democratic counties, alleging irregularities in the way absentee ballots were administered. His lawsuit echoed claims that were earlier rejected by election officials in those counties during a recount that barely affected Biden’s winning margin of about 20,700 votes.
Trump had wanted the conservative-controlled Wisconsin Supreme Court to take the case directly, saying there wasn’t enough time to wage the legal battle by starting first with a lower court given the looming Dec. 14 date when presidential electors cast their votes. But attorneys for Gov. Tony Evers and the state Department of Justice argued the law required the lawsuit to start with lower courts.
The court ruled 4-3 against Trump, with swing Justice Brian Hagedorn joining three liberal justices in denying the petition. The order said Trump can file in circuit court.
It was not immediately known if Trump would still pursue the case through lower courts. His campaign spokeswoman did not immediately return a message seeking comment. Trump filed a similar lawsuit in federal court on Wednesday.
It looks like Wisconsin’s high court suffers from the same problem that the Supreme Court suffered from before Amy Coney Barrett was appointed, with the one swing justice joining the three liberal justices, just as John Roberts likes to do. Otherwise the court would have heard Trump’s case.
Given the late nature of the case, it certainly doesn’t seem like Trump will have time to make it through the lower courts before the deadlines are up. I suppose it’s possible he could get an injunction on the deadlines if he gets a fair hearing in a lower court. But I wouldn’t hold my breath.