case where a competitor in an election was found to have standing does not
establish competitive standing in this matter. Without more, this Court declines to
take such an expansive view of the theory of competitive standing, particularly
given the abundance of guidance from other Circuits, based on Plaintiffs’ own
citations, limiting the use of this doctrine.
The Trump Campaign has not offered another theory of standing, and
therefore, cannot meet its burden of establishing Article III jurisdiction. To be
clear, this Court is not holding that a political campaign can never establish
standing to challenge the outcome of an election; rather, it merely finds that in this
case, the Trump Campaign has not pled a cognizable theory.75
IV.
MOTION TO DISMISS 12(b)(6)
A.
Legal Standard
Under Federal Rule of Civil Procedure 12(b)(6), the Court dismisses a
complaint, in whole or in part, if the plaintiff has failed to “state a claim upon
which relief can be granted.” A motion to dismiss “tests the legal sufficiency of a
claim”76 and “streamlines litigation by dispensing with needless discovery and
factfinding.”77 “Rule 12(b)(6) authorizes a court to dismiss a claim on the basis of
75
76
77
Even assuming, however, that the Trump Campaign could establish that element of standing,
it would still fail to satisfy the causation and redressability requirements for the same reasons
that the Voter Plaintiffs do. To the extent the Trump Campaign alleges any injury at all, its
injury is attenuated from the actions challenged.
Richardson v. Bledsoe, 829 F.3d 273, 289 n. 13 (3d Cir. 2016) (Smith, C.J.) (citing Szabo v.
Bridgeport Machines, Inc., 249 F.3d 672, 676 (7th Cir. 2001) (Easterbrook, J.)).
Neitzke v. Williams, 490 U.S. 319, 326-27 (1989).
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