Here, leveling up to address the alleged cancellation of Plaintiffs’ votes
would be easy; the simple answer is that their votes would be counted. But
Plaintiffs do not ask to level up. Rather, they seek to level down, and in doing so,
they ask the Court to violate the rights of over 6.8 million Americans. It is not in
the power of this Court to violate the Constitution.124 “The disenfranchisement of
even one person validly exercising his right to vote is an extremely serious
matter.”125 “To the extent that a citizen’s right to vote is debased, he is that much
less a citizen.”126
Granting Plaintiffs’ requested relief would necessarily require invalidating
the ballots of every person who voted in Pennsylvania. Because this Court has no
authority to take away the right to vote of even a single person, let alone millions
of citizens, it cannot grant Plaintiffs’ requested relief.
2.
Trump Campaign
Plaintiffs’ brief in opposition to the motions to dismiss spends only one
paragraph discussing the merits of its equal-protection claim. Plaintiffs raise two
arguments as to how equal protection was violated. The first is that “Defendants
excluded Republican/Trump observers from the canvass so that they would not
124
125
126
Marbury, 5 U.S. at 147.
Perles v. County Return Bd. of Northumberland County, 202 A.2d 538, 540 (Pa. 1964)
(cleaned up).
Id. at 567.
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