Re:Dominion Voting Systems sues pro-Trump lawyer, seeking mo...
by dragonwriter on Friday January 08, 2021 @11:36PM
(#25697059)
> Point to a single court case in the US regarding this election year where evidence was presented in court and judged.
Bowyer v. Ducey (while it was also dismissed for a variety of reasons including standing, abstention in the face of overlapping parallel state court claims, mootness, and laches, the analysis in the ruling leading to dismissal for failure to state a claim included a finding that the offered evidence was a combination of unreliable and irrelevant to the claims.)
Plus there are at least four cases that proceeded to trial.
> Every single case was dismissed on procedural grounds.
That's both false (not every single election-related case has been dismissed), and beside the point (as, to the extent that “failure to state a claim” is procedural—arguably that and standing are not, really—it often still involves reviewing the proffered evidence in the light most favorable to the plaintiff as to whether it could sustain a prima facie case.)
Bowyer v. Ducey (while it was also dismissed for a variety of reasons including standing, abstention in the face of overlapping parallel state court claims, mootness, and laches, the analysis in the ruling leading to dismissal for failure to state a claim included a finding that the offered evidence was a combination of unreliable and irrelevant to the claims.)
Plus there are at least four cases that proceeded to trial.
> Every single case was dismissed on procedural grounds.
That's both false (not every single election-related case has been dismissed), and beside the point (as, to the extent that “failure to state a claim” is procedural—arguably that and standing are not, really—it often still involves reviewing the proffered evidence in the light most favorable to the plaintiff as to whether it could sustain a prima facie case.)