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Court rejects Trump campaign's appeal in Pennsylvania case

A federal appeals court on Friday unanimously rejected the Trump campaign's emergency appeal seeking to file a new lawsuit against Pennsylvania's election results, writing in a blistering ruling that the campaign's "claims have no merit."

Why it matters: It's another devastating blow to President Trump's sinking efforts to overturn the results of the election. Pennsylvania, which President-elect Joe Biden won by more than 80,000 votes, certified its results last week and is expected to award 20 electoral votes to Biden on Dec. 12.


What they're saying: "Free, fair elections are the lifeblood of our democracy. Charges of unfairness are serious. But calling an election unfair does not make it so. Charges require specific allegations and then proof. We have neither here," Trump-appointed Judge Stephanos Bibas wrote in the Third Circuit Court of Appeal's ruling.

  • "The Trump Presidential Campaign asserts that Pennsylvania’s 2020 election was unfair. But as lawyer Rudolph Giuliani stressed, the Campaign 'doesn’t plead fraud ... [T]his is not a fraud case.'"
  • "Instead, it objects that Pennsylvania’s Secretary of State and some counties restricted poll watchers and let voters fix technical defects in their mail-in ballots. It offers nothing more."

Trump legal adviser Jenna Ellis responded to the ruling on Twitter, writing: "The activist judicial machinery in Pennsylvania continues to cover up the allegations of massive fraud. We are very thankful to have had the opportunity to present proof and the facts to the PA state legislature. On to SCOTUS!"

Read the ruling via DocumentCloud.

Biden plans to send envoy as Israel and Hamas escalate toward war

Tel Aviv — With Israel and Hamas now engaged in their most destructive fight in seven years, the Biden administration is considering plans to dispatch a State Department official to join the de-escalation efforts, five Israeli officials and Western diplomats tell me.

Driving the news: The fighting intensified overnight, with Hamas and other militants firing a second barrage of over 100 rockets toward Tel Aviv and other nearby cities, and Israel continuing its air campaign in the Gaza Strip by destroying high-rise buildings, Hamas facilities and rocket units.

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Swing-voter focus group says ousting Liz Cheney is a mistake

As House Republicans meet to oust Rep. Liz Cheney from her leadership post for criticizing Donald Trump, swing voters in Axios' latest Engagious/Schlesinger focus groups hold a near-unanimous view that Minority Leader Kevin McCarthy and his caucus are making a mistake.

The big picture: Nine of 14 voters said they could vote for a Republican for U.S. House or Senate races next year. All but one ruled out backing any candidate who clings to the former president's lie that the 2020 election was stolen from him.

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Employees grapple with re-entry anxiety as jobs call them back

Pandemic-related anxieties are entering a new phaseas more employers start to call vaccinated workers back into their offices.

Why it matters: Some employees simply don't want to go back to the office; some are desperate to. Some are struggling to rearrange their routines yet again; some don't have that flexibility. And everyone — employers and employees alike — is figuring out on the fly how to make it work.

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In photos: Long lines and fuel shortages amid Colonial Pipeline shutdown

Reports of fuel shortages across the U.S. emerged on Tuesday as the national average for gasoline prices soared to its highest level since 2014 amid a key fuel pipeline shut down, per Bloomberg.

What's happening: Operator Colonial Pipeline aims to have service restored by the week's end following last Friday's ransomware attack that shut down some 5,500 miles of pipeline from Texas to New Jersey. Florida Gov. Ron DeSantis (R) declared a state of emergency after panic-buying created a fuel shortage.

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Over 100 Republicans threaten to form 3rd party unless GOP breaks from Trump

More than 100 Republicans will sign a letter Thursday threatening to create a third party if the GOP doesn't "break" with former President Trump, Reuters first reported.

Why it matters: Per Axios' Mike Allen and Jim VandeHei, Trump's grip on the GOP has gotten stronger since the Jan. 6 Capitol riot. The Republican Party's "allegiance to Trump" as he continues to make false claims about his 2020 election loss has "dismayed" the group, according to Reuters.

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Democratic Rep. Stephanie Murphy to announce Senate challenge to Marco Rubio

Democratic Rep. Stephanie Murphy is planning to announce a campaign for the U.S. Senate in Florida against Republican Sen. Marco Rubio in early June, people familiar with the matter tell Axios.

Why it matters: Murphy is a proven fundraiser. Jumping in now would give her an early start to build her case for the Democratic nomination and potentially force Rubio and allied GOP groups to spend heavily to retain a seat in a state that’s trending Republican.

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GOP senators hoping White House will counteroffer their infrastructure proposal

Top Republican senators are hoping the White House will make some sort of counteroffer to their infrastructure proposal when they meet with President Biden on Thursday, lawmakers and their aides tell Axios.

Why it matters: This is a sign of how serious the negotiations are, they say. In advance of the meeting, some of the senators are already publicly signaling the areas in which they have flexibility.

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The 2022 Senate races that will determine control of the chamber

Data: Axios Research, Dave Leip's Atlas of U.S. Elections; Chart: Andrew Witherspoon/Axios

While Republicans are giddy about their chances for regaining the House next year, GOP prospects for taking the Senate remain more uncertain, data reviewed by Axios suggests.

By the numbers: At least five Republican senators are retiring after the midterms, and four of their seats are in battleground states. That makes a simple Republican-for-Republican election exchange all the more difficult.

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