united-states elections
On what basis might higher courts refuse to hear Trump’s appeals
<p>Trump’s federal case was dismissed with what looks like a very clear ruling <a href="https://www.democracydocket.com/wp-content/uploads/sites/45/2020/11/Order-Granting-MTD.pdf" rel="nofollow noreferrer">https://www.democracydocket.com/wp-content/uploads/sites/45/2020/11/Order-Granting-MTD.pdf</a> .  He will undoubtedly appeal, hoping to be heard at the Supreme Court eventually.</p>
<p>Given the apparent weakness in his case, can the higher courts simply refuse to hear the case and if so, on what legal basis?</p>

<h2>Yes and No</h2>
<p>The Supreme Court can decide which cases they hear and which they don’t. This is actually a very common feature of the highest courts in jurisdictions around the world.</p>
<p>However, intermediate appellate courts do not have this discretion - they must hear any appeal put to them - sometimes, very briefly.</p>
<p>They do not have to give reasons why or why not they hear a particular appeal and that decision is not subject to oversight. The Supreme Court only hears about 2% of the applications made to it.</p>
<p>Whether the case has any legs is a relevant but by no means conclusive consideration. The court may take Trump’s case solely for the purpose of stating clearly and unambiguously that it’s bullshit. That way, it dissuades future plaintiffs from bringing similar cases.</p>
<p>Of course, it’s relevant to point out the courts in the United States are waaaaaaaaaaaaaaaaaaaaaaaaaaaaaay more political than independent courts anywhere in the world - autocratic states notwithstanding. So, also, politics.</p>

<h1>No.</h1>
<p>The court of appeals cannot simply refuse to hear the appeal.</p>
<p>The Trump campaign has the right to an appeal to the U.S. Court of Appeals. Once there, the court has some discretion as to how quickly it hears the case, how much time it spends on the case, and how much detail it offers in explaining its final decision. But it may not simply choose not to hear the case.</p>
<p>The campaign is not, however, permitted to file an appeal if there is no good-faith basis for it, nor may it file an appeal merely to delay the outcome it seeks to avoid, and the district court's findings seem to be designed to flag this as a potential issue for the circuit court. If that court thinks the appeal is frivolous, it would likely issue a show-cause order requiring the campaign to explain why the appeal should not be dismissed.</p>
<p>In any event, the court cannot simply assess the case as weak and dismiss it without giving the campaign a chance to explain why that is the wrong choice.</p>
<p>If Trump is unsuccessful before a panel of the Court of Appeals for the Third Circuit, he may ask the entire Third Circuit to hear the case, and he may seek review at the Supreme Court. Neither court is required to hear the case at all, or to explain why it chose not to. In the vast majority of cases, the court simply refuses to hear cases with a one-sentence order. Given the nature of the case, though, it is reasonably likely that at least one member of the court would write to discuss the court's decision.</p>
