Posted on 12/06/2016 7:22:57 PM PST by MarMema
Michigan’s Court of Appeals ordered the state government on Tuesday evening to undo its previous approval of an election recount requested by Green Party presidential nominee Jill Stein.
The decision will not interfere with the ongoing recount in the state, however, due to a 2-1 ruling by the U.S. Court of Appeals for the 6th Circuit that came out around the same time, according to the Detroit Free Press.
The Court of Appeals for the 6th Circuit upheld a ruling that U.S. District Judge Mark Goldsmith issued early Monday morning ordering the recount to proceed at noon that day, and precluding it from stopping until “further order of this court.”
Michigan’s Republican Attorney General Bill Schuette and President-elect Donald Trump filed separate lawsuits with the state appeals court on Friday seeking to block Stein’s crowdfunded recount effort in the Great Lakes State.
The panel of judges on Michigan’s Court of Appeals accepted Schuette’s and Trump’s arguments that Stein, who came in a distant fourth place in Michigan, was not an “aggrieved” party with standing to challenge the election results.
At the same time, the judges appeared to acknowledge that their order would not take effect in light of Goldsmith’s original ruling, the Detroit Free Press reported.
The challenge to the recount will now head back to Goldsmith.
(Excerpt) Read more at huffingtonpost.com ...
And she is acting like the typical 1 percenter! Hope the Green Party dumps the “Female Dog”!
If he doesn’t the 6th circuit will. Ball is in his court for a day.
You need to read the bold I highlighted in the post.
If the reports are true stating proof of fraudulent votes for Hillary in Milwaukee and Detroit, the recounts will be shut down soon enough.
AG disagrees. Should be a fun day tomorrow. I think they should let it go through and not that all the Detroit precincts f***ed up their machines committing fraud. You’ll see them shut up pretty quickly after that.
If he doesn't the 6th Circuit can, and from their opinion today, probably will. And the SCOTUS could also weigh in.
If Hill and Jill don't know this, they are about to get a tough life lesson if they fail in their efforts.
There were two hearings this evening. One state, one federal.
Goldsmith’s language has been superseded by the language of the 6th circuit.
On more extensive previous thread, it was reported that the 6th Circuit also further directed the original Federal judge to follow the direction of the state court vis a vis the validity of the recount. Thus, they directed Goldschmidt to allow the state to make the determination on the validity of thee recount.
However, the Michigan appeals court issued their order in abeyance so that the recount would proceed until the Michigan Supreme Court could act on any appeal.
BTW: Continuing to recount is not all that bad if they are actually going to attempt to complete a recount. The best case would be that the Supreme Court quickly affirms the ruling of the lower court and Goldschmidt backs off. A less good result would be that the recount completes in time to certify Trump with the recounted results.
A messy case, which Goldschmidt is helping to avoid, is that the recount does not complete in time and the Michigan legislature has to step in with its own slate of electors. This result would be used to plant the idea that Trump stole the election.
I cannot keep up with this sh*t!
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It is all a big load of BS. Our judicial system acts like they have a blank check from the taxpayers. They bounce cases back and forth drawing their checks.
We’ve had the mortgage bubble burst. It’s past time for the judicial system bubble to burst. These clowns need to realize they don’t have blank checks to enrich themselves and yield all kinds of lawless power.
And there are a lot of freepers not getting this.
State law should determine whether or not there is a recount.
The exception would be if there were substantial evidence that someone’s voting rights were violated.
The 6th Circuit Court outranks Goldschmidt and can order him to dissolve his order. If he refuses to dissolve his own order, the MI AG will take this issue higher up the food chain.
They print the reality they believe. Which is usually wrong.
It’s HuffPost: it’s idiocy.
Goldsmith’s order to start the recount early has the boilerplate:
“To determine whether to grant a preliminary injunction or temporary restraining order, a district court must consider: (i) whether the movant has a strong likelihood of success on the merits;... “
Sometime tomorrow the recount will stop.
In this state it is costing taxpayers 5-6 million dollars. So it is all bad for us.
Yes. Agree 100%
I am not (yet) convinced the Detroit paper’s analysis is correct. It is still a state election of state electors and the issue is in the stete’s courts. I’ve not seen a cogent explanation how the matter is properly withdrawn a federal court’s jurisdiction, at least at this time. I’m remaining open minded to see if more info is forthcoming
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