Attorney Lin Wood said Sunday he plans to file a petition with the U.S. Supreme Court after a federal appeals court denied his appeal in a case seeking block the certification of the 2020 election in Georgia.
“The stakes are high as the case deals with a disputed Presidential election. I intend to timely file a petition with the United States Supreme Court,” Wood said in an email to The Epoch Times.
A panel from the U.S. Court of Appeals for the 11th Circuit on Saturday upheld a Nov. 19 ruling by judge Steven Grimberg, a Trump appointee, who said that Wood lacked legal standing as an individual voter to challenge Georgia’s election procedures.
“We agree with the district court that Wood lacks standing to sue because he fails to allege a particularized injury. And because Georgia has already certified its election results and its slate of presidential electors, Wood’s requests for emergency relief are moot to the extent they concern the 2020 election,” the panel wrote in a 20-page opinion.
“The Constitution makes clear that federal courts are courts of limited jurisdiction, U.S. Const. art. III; we may not entertain post-election contests about garden-variety issues of vote counting and misconduct that may properly be filed in state courts.”
The panel consisted of Trump appointees Barbara Lagoa, Obama appointee Jill Pryor, and George W. Bush appointee William Pryor.
Wood said he was disappointed with the panel’s ruling, “as my case presents an opportunity for the judicial system to make clear that the Georgia general election was unlawful as a result of substantive changes in absentee ballot procedures by the Secretary of State without approval by the Georgia legislature.”
“My vote was diluted by the unlawful voting process and will again be diluted in the runoff election which is being conducted under the same unlawful rules. My case presents serious equal protection issues which need to be addressed by the judicial system,” he added, before saying he would file a petition with the Supreme Court.
Georgia Secretary of State Brad Raffensperger holds a press conference on the status of ballot counting in Atlanta, Georgia, Nov. 6, 2020. (Jessica McGowan/Getty Images)
A spokesman for Georgia Secretary of State Brian Raffensperger, who was named in the suit, didn’t reply to a request for comment.
Wood, known for for representing Richard Jewell in the 1996 Atlanta Olympics bombing case and Kentucky teenager Nicholas Sandmann after news outlets allegedly smeared him, filed the suit last month arguing that the change to election rules by state officials violated the U.S. Constitution.
State officials were unauthorized to change the manner of processing absentee ballots in a way that was contrary with the state election code, and hence, the counting of absentee ballots for the general election in the state is therefore “improper and must not be permitted,” Wood alleged, adding: “To allow otherwise would erode the sacred and basic rights of Georgia citizens under the United States Constitution to participate in and rely upon a free and fair election.”
Grimberg dismissed the suit about a week later, arguing that Wood lacked standing and couldn’t show a likelihood of success on the merits. Wood questioned the ruling, saying the judge “may have overreached to dismiss my claim that [the] election was unlawful” due to the consent agreement between Raffensperger and Democrats that altered election rules.
Wood appealed soon after, leading to the Dec. 5. decision.
Janita Kan contributed to this report.
