Wisconsin Voters Alliance v. Harris, No. 21-5056 (D.C. Cir. 2022)
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About seven weeks after the 2020 presidential election, Republican state legislators, individual voters, and organizations representing voters from Wisconsin, Arizona, Georgia, Michigan, and Pennsylvania—all states carried by Joseph R. Biden Jr.—sued to prevent Congress from certifying their states’ electoral results. The district court denied their motion to enjoin the counting of electoral votes, and, after the Senate certified Biden as the winner, the plaintiffs voluntarily dismissed their case. In a post-dismissal order cataloging the suit’s “numerous shortcomings,” the district court referred plaintiffs’ counsel, Kaardal, to the Committee on Grievances for possible discipline. “When any counsel seeks to target processes at the heart of our democracy,” the district court reasoned, “the Committee may well conclude that they are required to act with far more diligence and good faith than existed here.”
The D.C. Circuit dismissed an appeal for lack of jurisdiction. The district court’s referral is not a final order. Rather than fixing Kaardal’s rights and liabilities, the challenged order merely initiated disciplinary proceedings.
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