Trump v Kemp - Case Brief

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Modified: 12th Jan 2024
Wordcount: 418 words
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Full Case name: Trump v. Kemp, 511 F. Supp. 3d 1325

Facts

In Trump v. Kemp, the then President of the United States, Donald Trump, along with several Republican electors in Georgia, filed a lawsuit against the Georgia Governor Brian Kemp and Secretary of State Brad Raffensperger in the U.S. District Court for the Northern District of Georgia on December 4, 2020. The suit posed allegations of significant voting irregularities and fraud bent on altering the outcome of the 2020 Presidential election in the state of Georgia. The plaintiffs filed for an emergency order to decertify the state's election result narrative and prevent the confirmation of the presidential electors’ votes for Joe Biden (Balsamo & Durkin, 2020).

Issue

The central issue in Trump v. Kemp was whether or not the Secretary of State and Governor Kemp had violated the Constitution by allowing the counting of illegally cast votes, and whether the Georgia election results should be decertified due to allegations of widespread voter fraud.

Holding and Rule

On December 7, 2020, Judge Timothy Batten Sr. dismissed the suit, stating that the plaintiffs had no standing to bring the case, as they had failed to provide credible evidence in support of their allegations. Additionally, the judge ruled that the request for decertification was not a remedial order that the court could grant given that the state’s results had already been certified and the Electoral College vote was imminent. Judge Batten explained that the order, if granted, would disenfranchise nearly 5 million Georgian voters (Courthouse News Service, 2020).

Disposition

The judge dismissed the case, ruling in favor of Kemp and Raffensperger. The decision emphasized the robustness and integrity of Georgia’s electoral process and underscored the fact that allegations of electoral fraud must be supported by substantial and credible evidence (Balsamo & Durkin, 2020).

References:

  • Balsamo, M., & Durkin, K. (2020). Judge tosses Trump lawsuit over Georgia election. AP News. Retrieved from https://apnews.com/article/election-2020-joe-biden-donald-trump-georgia-lawsuits-858b8e6ffa8a5be8833234311f633798
  • Courthouse News Service. (2020). Trump’s latest election lawsuit quickly tossed in Georgia. Retrieved from https://www.courthousenews.com/trumps-latest-election-lawsuit-quickly-tossed-in-georgia/

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