The Trump Campaign's PA lawsuit is bonkers, pants-on-head crazy, and let me tell you why. /1

First off, their basis for relief that the Equal Protection Clause. They claim that PA's system of voting created two tiers -- in person, subject to rigorous verification requirements, and vote-by-mail, not subject to those requirements. /2

1Ls who've had con law, what is the FIRST thing you need to prove an equal protection clause violation? Class? Anyone? A SUSPECT CLASSIFICATION, CORRECT! Guess what the lawsuit does not correctly allege... A SUSPECT CLASSIFICATION! /3

Nor could they, because CHOOSING to vote in person instead of by mail, which EVERYONE had access to, renders and equal protection clause analysis moot from the get-go. If you chose to vote in person, you VOLUNTARILY accepted the requirements. /4

Next, while the MECHANICS of voting are a creature of state law, the OBLIGATION to call a vote for a FEDERAL election is under the Elections Clause of the Constitution. So it's doubtful a PA state court can ENJOIN a federal duty, at least... /5

if they did, there's good reason to think that if a PA state court did issue such an injunction, there would be immediate federal relief under the Anti-Injunction Act because this is the PRIME MATERIAL of the exceptions -- necessary to enforce federal jurisdiction. /6

So even assuming "people who vote in person" are a suspect class, and the PA state court had the authority to issue an injunction against state officials certifying a vote, if the State said "fuck you!" and certified electors anyway, those electors get to go and vote. /7

State law might bind the electors to vote a certain way, but the punishment, if any, for faithless electors is an issue to be decided. The PA Supreme Court could say, "WE ORDER PA'S ELECTORS TO VOTE FOR TRUMP!" but... /8

if the PA legislature, in open defiance of the courts, sent electors who voted for Biden, WHAT IS THE RECOURSE? "Judge, they violated our order!" Fantastic! Hold them in contempt of court, I guess, but the end result is... electors still voted for Biden. /9

In short, this is the sort of lawsuit someone should get sanctioned for, and Donald Trump should've spent millions of campaign dollars elsewhere, like on shredders, or getting Fawn Hall out of retirement. /end