A judge hearing Donald Trump’s federal lawsuit seeking to overturn Democrat Joe Biden’s win in Wisconsin says the US president’s request to “remand” the case to the GOP-controlled Legislature to pick new electors was “bizarre”.
The federal case is one of two Trump has in Wisconsin making similar arguments. He filed another one in state court, which the Wisconsin Supreme Court on Thursday refused to hear before it first goes through lower courts.
Mr Trump, who argues that hundreds of thousands of absentee ballots cast in accordance with state guidelines were illegal, wants a judge to give the Republican-controlled Legislature the power to determine who won the election.
“It’s a request for pretty remarkable declaratory relief,” said US District Judge Brett Ludwig during a conference call to set deadlines and a hearing date.
Justice Ludwig, who said it was “an unusual case, obviously,” also cast doubt on whether a federal court should be considering it at all.
“I have a very, very hard time seeing how this is justiciable in the federal court,” Justice Ludwig, a Trump appointee, said.
“The request to remand this case to the Legislature almost strikes me as bizarre.”
The judge questioned why Mr Trump wasn’t going directly to the Legislature if he wants lawmakers to get involved with naming electors.
Mr Bock said Mr Trump needed the court to rule that the election was “invalid” so the Legislature could get involved. He also said that the term “remand,” which is typically used to describe when one court sends a case to a lower court, was “inartful”.
There are also three other lawsuits in Wisconsin, one in federal court in two in state court, filed by Trump allies seeking to overturn Mr Biden’s win.
Mr Trump has lost multiple lawsuits in other battleground states as part of a long-shot effort to overturn Biden’s victory.
Even if he were to prevail in Wisconsin, the state’s 10 Electoral College votes would not be enough to hand him re-election.