A divided 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, sidestepping a decision on the merits of the claims and instead ruling that the case must first wind its way through lower courts.
In another blow to Trump, two dissenting conservative justices questioned whether disqualifying more than 221,000 ballots as Trump wanted would be the proper remedy to the errors he alleged.
The defeat on a 4-3 ruling was the latest in a string of losses for Trump’s post-election lawsuits. Judges in multiple battleground states have rejected his claims of fraud or irregularities.
Trump 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's attorney Jim Troupis said he would immediately file the case in circuit court and expected to be back before the Supreme Court “very soon.”
“It was clear from their writings that the court recognizes the seriousness of these issues, and we look forward to taking the next step,” he said in a statement. Trump’s team made the filing late Thursday evening.
In asking the conservative-controlled Wisconsin Supreme Court to take the case directly, Trump had argued that there wasn’t enough time to wage the legal battle by starting with a lower court, given the looming Dec. 14 date when presidential electors cast their votes.
Swing Justice Brian Hagedorn joined three liberal justices in denying the petition without weighing in on Trump’s allegations. Hagedorn said the law was clear that Trump must start his lawsuit in lower courts where factual disputes can be worked out.
“We do well as a judicial body to abide by time-tested judicial norms, even and maybe especially ? in high profile cases,” Hagedorn wrote. “Following this law is not disregarding our duty, as some of my colleagues suggest. It is following the law.”
Trump filed a similar lawsuit in federal court on Wednesday. Chief Justice Patience Roggensack, in a dissent where she was joined by Justice Annette Ziegler, said she would have taken the case and referred it to lower courts for factual findings, which could then be reported back to the Supreme Court for a ruling.
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