Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Eleutheria5
Nice try, but unresponsive to my post.

First, in order to have an equal protection violation, you have to convince a Federal (not a state) court that an identifiable group has been denied equal protection of the law.

Nobody has done that.

Holding up a picture in the media and saying "this is obviously unfair" is not due process, nor is it an evidentiary finding.

Second, even if an equal protection violation were successfully litigated, the court could, at most strike down the allocations.

That is not what happened here.

A state court arrogated to itself the authority to draw the district map. This is countrary to the explicit wording of the Constitution of the United States:

Article 1, Section 4:"the times, places and manner of holding elections for senators and representatives shall be prescribed in each state by the legislature thereof."

There is no provision in the plain and simple wording of that directive, and no qualification has ever been made in even the most convoluted interpretation of that wording at any time in the case law that would allow a court to draw the map.

None.

It is a raw power grab, and the voters need to correct the composition of the PA Supreme Court at the next possible opportunity. The PA Assembly should also initiate impeachment proceedings against the Democrat members of the PA Supreme Court. Although it will go nowhere, the issue of tyrannical judicial overreach at the very least needs to be raised.

144 posted on 02/20/2018 1:18:31 PM PST by FredZarguna (And what Rough Beast, its hour come round at last, slouches toward 5th Avenue to be born?)
[ Post Reply | Private Reply | To 131 | View Replies ]


To: FredZarguna

“Each state and the legislatures thereof” includes the judiciary of that state. Holding up a map for the media is done for the media. What they showed to the court is the issue here, and that’s a matter of public record, whatever it says. Don’t know. Don’t really care. But the Pennsylvania courts are definitely authorized to determine an equal protection question.


145 posted on 02/20/2018 1:25:34 PM PST by Eleutheria5 (“If you are not prepared to use force to defend civilization, then be prepared to accept barbarism.)
[ Post Reply | Private Reply | To 144 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson