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

Skip to comments.

MI Supreme Court Challenge
self

Posted on 12/09/2016 4:31:22 AM PST by billyboy15

A bit confused about the MI recount. I read the recount was deemed to be "illegal" based on requirements necessary for one to be conducted. This appeared to have shut down the process and hand final victory in MI to DJT.

However it seems Stein has appealed to the MI Supreme Court and my question is when will this appeal be heard and does this impact in any way the reporting of the EV for this State on 12/13?


TOPICS: Politics/Elections
KEYWORDS: mirecount
Navigation: use the links below to view more comments.
first 1-2021-40 next last
Any help with this is appreciated.
1 posted on 12/09/2016 4:31:22 AM PST by billyboy15
[ Post Reply | Private Reply | View Replies]

To: billyboy15

Probably not as the Appeals already recommended the Election Commission reverse their deadlock ruling that resulted in the continuance of the count. I’m guessing the MISC will not even take it up as the very weak arguments iterated in the Federal court will simply be repeated in the MISC. No new information warranting a change in ruling.


2 posted on 12/09/2016 4:34:53 AM PST by struggle (The)
[ Post Reply | Private Reply | To 1 | View Replies]

To: billyboy15
I'm no expert here but i believe that if,for any reason,a state's election result is not declared to be “official” that state's EVs are not recorded.So failing to overturn the result to The Former Twelfth Lady the Maoists will be satisfied to deny DJT 270.
3 posted on 12/09/2016 4:36:45 AM PST by Gay State Conservative (Deplorables' Lives Matter)
[ Post Reply | Private Reply | To 1 | View Replies]

To: struggle

Impressive becoming the most hated person currently in America from being a virtual unknown a few weeks ago :)

She’s SMASHED the green party to bits and doesn’t even know it.

Enviro wackos are now seen for what they are.


4 posted on 12/09/2016 4:37:56 AM PST by dp0622 (IThe only thing an upper crust conservative hates more than a liberal is a middle class conservative)
[ Post Reply | Private Reply | To 2 | View Replies]

To: struggle

Michigan Supreme Court is Majority Republican Appointed. Given the unanimous decision of the Appeals Court, my guess is the Supreme Court will not even hear the case. Even if they did, I would expect concurrence with the Appeals Court Decision. My guess is you wont hear anything from them.


5 posted on 12/09/2016 4:39:16 AM PST by Old Retired Army Guy (frequently.)
[ Post Reply | Private Reply | To 2 | View Replies]

To: Old Retired Army Guy

I assume the MISC can announce after Dec 20 or so that they won’t review the case, thus letting the COA ruling stand without comment and/or prejudice. And I think that also doesn’t leave a record of how the 2 Justices (Young and Larsen) were positioned on the issue.

Question for legal types: Assume those 2 abstain from participating in the decision to take up the case, and the 2 Dems vote to review the COA’s ruling, does a 3-2 internal decision by the remaining 5 justices cause it to not be reviewed, and is it something we won’t hear about in any official record? (A 7-member court, so a majority would take 4 votes.)


6 posted on 12/09/2016 4:53:26 AM PST by leftcoaster
[ Post Reply | Private Reply | To 5 | View Replies]

To: billyboy15

I don’t think the court will even hear it.


7 posted on 12/09/2016 4:53:51 AM PST by Sacajaweau
[ Post Reply | Private Reply | To 1 | View Replies]

To: Gay State Conservative

BoCanvass has Certified the 11/2/2016 results.


8 posted on 12/09/2016 4:54:42 AM PST by Cletus.D.Yokel (Catastrophic, Anthropogenic Climate Alterations: The acronym explains the science.)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Gay State Conservative

I am certainly no expert either, but the possibility of losing EV’s has been discussed a lot on this board. The general opinion is that it would be extremely unlikely.


9 posted on 12/09/2016 4:55:40 AM PST by djpg
[ Post Reply | Private Reply | To 3 | View Replies]

To: Gay State Conservative

Read this carefully:

https://www.archives.gov/federal-register/electoral-college/provisions.html

Article 2 and the 12th Amendment says that the Joint Session of Congress counting the certified electoral college votes choose the candidate who has the most votes.

Although Article mentions that the number of electors shall be equal to the number of Representatives and Senators, the clarification of “winner” in the final stage of the process is who has the majority of votes by electors more specifically described by the 12th Amendment which also describes instances of no-majority when three candidates are represented by electoral votes.


10 posted on 12/09/2016 5:01:33 AM PST by Gaffer
[ Post Reply | Private Reply | To 3 | View Replies]

To: djpg
I am certainly no expert either, but the possibility of losing EV’s has been discussed a lot on this board. The general opinion is that it would be extremely unlikely.

Yes,I've seen them.But has anything like that ever happened? I know that there have been a few "faithless electors" throughout history but has there,for example,ever been a single elector who has failed to vote either due to illness of as some kind of protest? Has there ever been a case where a particular state's results were not "certified" by the day the Electoral College voted and,if so,what happened in regard to that state's EVs? I wonder of such a scenario would constitute a Constitutional crisis...something that SCOTUS might be forced to rule upon/

11 posted on 12/09/2016 5:03:29 AM PST by Gay State Conservative (Deplorables' Lives Matter)
[ Post Reply | Private Reply | To 9 | View Replies]

To: billyboy15

Can’t someone tell the bloody woman to shut up and go away. She’s past her ‘sell by’’ date.


12 posted on 12/09/2016 5:05:30 AM PST by I am Richard Brandon
[ Post Reply | Private Reply | To 1 | View Replies]

To: I am Richard Brandon

The federal “safe harbor” law requires that electors be selected 6 days before the electoral college actually meets on 12/19:


13 posted on 12/09/2016 5:08:51 AM PST by RooRoobird20 ("Democrats haven't been this angry since Republicans freed the slaves.")
[ Post Reply | Private Reply | To 12 | View Replies]

To: Gay State Conservative

In that case, the number needed is no longer 270. The winner only needs a majority of EVs from states hat submit certified results.


14 posted on 12/09/2016 5:09:31 AM PST by wrench
[ Post Reply | Private Reply | To 3 | View Replies]

To: billyboy15

MI election results have already been certified, and the list of electors has been submitted to Congress.

They will vote on 12/19.

The MISC will not hear any appeal, as both the Federal court and the MI Court of Appeals has quite plainly noted a lack of substance according to MI election of Stein et al’s complaints.

Wisconsin will complete their recount with no appreciable difference in he end result.

PA has gone nowhere.


15 posted on 12/09/2016 5:12:13 AM PST by exit82 (Making America Great Again begins with........me.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: billyboy15

It would seem to be that very few if any judge(s)would want to be THE ONE(S) that caused the State of Michigan to lose its Electoral votes. Being a footnote on an ugly thing like that is not what any judge would want.


16 posted on 12/09/2016 5:25:48 AM PST by jmaroneps37 (Conservatism is truth. Liberalism is lies.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: exit82

And then there is the most ridiculous of all, the Florida challenge. Three people want to overturn the whole state on the basis of the following argument:

1. Some of the software the state used may be flawed, but we can’t prove it.

2. Therefore Hillary won Florida.

An old friend of mine used quote this saying from his childhood in Ireland: “Paper never refused ink.” That applies to the documents from the nitwits trying to flip Florida.


17 posted on 12/09/2016 5:26:50 AM PST by djpg
[ Post Reply | Private Reply | To 15 | View Replies]

To: billyboy15

MI SC has no obligation to take the case. I expect it will eventually issue its order in response to stein’s application to be heard. Application denied. She can take that to the feds if she wants, but the feds have already said they will defer to the state, and Judge Conehead’s opinion is sound enough that no higher court is going to reverse it.


18 posted on 12/09/2016 5:28:12 AM PST by Cboldt
[ Post Reply | Private Reply | To 1 | View Replies]

To: djpg

The Libs/Dems were so confident they had the election comfortably stolen for Hillary, they were stunned to see that all the machinations for fraud in place were not enough against the overwhelming votes for Trump. He legitimately won the popular vote in a HUGE landslide.


19 posted on 12/09/2016 5:32:48 AM PST by growingpains
[ Post Reply | Private Reply | To 17 | View Replies]

To: billyboy15

I heard on local news (Michigan) yesterday that Stein will NOT appeal to the Michigan Supreme Ct.

The recount effort has failed, particularly as it may have exposed fraud or incompetence or both by the democrat party in Detroit.


20 posted on 12/09/2016 5:33:10 AM PST by quantim (Victory is not relative, it is absolute.)
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first 1-2021-40 next last

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

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