Trump campaign attorney Jenna Ellis tweeted the news with an image of the court record Monday morning.
The appeal comes after U.S. District Court Judge Matthew Brann in Pennsylvania threw out the campaign’s lawsuit, which sought an injunction that would stop the certification of the election in Pennsylvania. Most counties in the state are expected to certify their results on Monday.
The Trump campaign argued that the Constitution’s guarantee of equal protection under the law was violated by the state when counties took different measures to inform voters of technical issues that arose with the unprecedented number of mail-in ballots.
Pennsylvania Secretary of State Kathy Boockvar, along with seven counties that were sued by the Trump campaign and where Joe Biden led, argued Trump had already raised similar claims.
Brann issued a blistering ruling in which he dismissed the case with prejudice, not allowing the Trump campaign to file an amended complaint.
“Plaintiffs ask this Court to disenfranchise almost seven million voters,” Brann said. “This Court has been unable to find any case in which a plaintiff has sought such a drastic remedy in the contest of an election, in terms of the sheer volume of votes asked to be invalidated.”
The campaign raised a narrow appeal of Brann’s denial of its motion to amend the complaint “solely on the basis of undue delay.” The campaign asked the Third Circuit to send the matter back down to the lower court “to promptly decide it on the merits and proceed expeditiously to a hearing to enjoin certifying the results of the Presidential Election.”
The Third Circuit’s order says the Trump campaign has until 4 p.m. local time Monday to file a brief supporting its argument for overturning Brann’s decision. Boockvar has until the same time Tuesday to file theirs.
It remains to be seen whether the Third Circuit will call for oral arguments before issuing a ruling.