Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

BREAKING HUGE: Pennsylvania Judge Rules 2020 PA Election Likely Unconstitutional – Trump Case “Likelihood to Succeed” – Gives State Legislators Power to Choose Electors!
GATEWAY PUNDIT ^ | 11/17/2020 | Jim Hoft

Posted on 11/27/2020 9:26:11 PM PST by bitt

This is HUGE!

Pennsylvania Judge Patricia A. McCullough ruled that the Pennsylvania preliminary ELECTION CERTIFICATION injunction was PROPERLY ISSUED and should be upheld.

McCullough added this, “Additionally, petitioners appear to have established a likelihood to succeed.”

Here is a copy of Friday night’s ruling.

https://www.scribd.com/document/486132522/Memorandum-Opinion-Filed-in-Pennsylvania-by-Judge-McCullough-Election-Likely-Unconstitutional#from_embed

(Excerpt) Read more at thegatewaypundit.com ...


TOPICS:
KEYWORDS: biden; election; huge; pennsylvania; potus; trump; unconstitutional
Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 141-152 next last
To: Windcatcher

Yes, she’s hip to their game. Would love to know the back story of that press release they produced as evidence of certification on 11/24. I believe it was manufactured for the sole purpose of circumventing this judge.


21 posted on 11/27/2020 9:47:19 PM PST by armyofprinciples (something's amiss)
[ Post Reply | Private Reply | To 11 | View Replies]

To: DannyTN
I just got through reading the 3rd circuit ruling against the Trump. It was brutal. I don’t know why the Trump campaign didn’t allege fraud in that case.

Can someone please explain this?🤯🧐

22 posted on 11/27/2020 9:47:40 PM PST by CondoleezzaProtege
[ Post Reply | Private Reply | To 17 | View Replies]

To: dayglored
"Likelihood to succeed" is not a value judgment on the merits of the case. It's a legal term that is required in order for the case to even be considered. If a case has no chance whatsoever to succeed, it is generally considered frivolous and is dismissed at the git-go. "Likelihood to succeed" only indicates a non-zero chance of succeeding, i.e that it is not entirely frivolous.

Preliminary injunction is an extraordinary remedy and are only granted when there is a "likelihood to succeed".

I believe "likelihood to succeed" means exactly what it sounds like.

23 posted on 11/27/2020 9:48:24 PM PST by FreeReign
[ Post Reply | Private Reply | To 8 | View Replies]

To: calenel

Ultimately the hacks on the PASC will smack this down, so this is definitely going to get to the SCOTUS.


24 posted on 11/27/2020 9:48:47 PM PST by Windcatcher (Time to fly the other black flag -- one of no quarter for Marxists.)
[ Post Reply | Private Reply | To 15 | View Replies]

To: armyofprinciples

Of course that was its purpose. They tried an end-run and the judge knows it.


25 posted on 11/27/2020 9:49:42 PM PST by Windcatcher (Time to fly the other black flag -- one of no quarter for Marxists.)
[ Post Reply | Private Reply | To 21 | View Replies]

To: Windcatcher

Reeks then of desperation and perhaps gives insight into the hand wringing taking place in that camp.


26 posted on 11/27/2020 9:51:50 PM PST by armyofprinciples (something's amiss)
[ Post Reply | Private Reply | To 25 | View Replies]

To: bitt

See lawyer/election analyst/super-bettor Robert Barnes twitter:

https://twitter.com/Barnes_Law/status/1332530731231236097

“Pennsylvania trial court rules the 2020 election was likely unconstitutional in Pennsylvania, and that gives state legislators power to choose electors.”


27 posted on 11/27/2020 9:52:13 PM PST by plushaye (The battle is the Lord's. He will conquer all His enemies. God always wins.)
[ Post Reply | Private Reply | To 1 | View Replies]

To: bitt


3requirements must be strictly followed. Specifically, pursuant to Article XI, Section1, a proposed constitutional amendment must be approved by a majority vote of themembers of both the Pennsylvania House of Representatives and Senate in twoconsecutive legislative sessions, then the proposed amendment must be publishedfor three months ahead of the next general election in two newspapers in eachcounty, and finally it must be submitted to the qualified electors as a ballot questionin the next general election and approved by a majority of those voting on theamendment. “

...

Additionally, Petitioners appear to have established a likelihood to succeed on the merits because Petitioners have asserted the Constitution does not provide a mechanism for the legislature to allow for expansion of absentee voting without a constitutional amendment. Petitioners appear to have a viable claim that the mail-in ballot procedures set forth in Act 77 contravene Pa Const. Article VII Section 14 as the plain language of that constitutional provisionis at odds with the mail-in provisions of Act 77.


28 posted on 11/27/2020 9:53:08 PM PST by DannyTN (<P><a href="https://www.freerepublic.com/focus/f-chat/3902132/posts">)
[ Post Reply | Private Reply | To 1 | View Replies]

To: DannyTN

I’m beginning to think the T-Team doesn’t want to expose their best and most damning evidence to any of the partisan state courts. I think they want new public evidence to show up at the SCOTUS level to keep witnesses safe and prevent attempts to destroy evidence.


29 posted on 11/27/2020 9:54:25 PM PST by Savage Rider
[ Post Reply | Private Reply | To 17 | View Replies]

To: bitt

30 posted on 11/27/2020 9:54:35 PM PST by Vendome (I've Gotta Be Me https://youtu.be/wH-pk2vZG2M)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Windcatcher


31 posted on 11/27/2020 9:55:11 PM PST by 4Liberty (How does a kids car-donation nonprofit pay for so MANY radio ads if it's a charity?)
[ Post Reply | Private Reply | To 25 | View Replies]

To: bitt

We’ll need another state besides Pennsylvania.


32 posted on 11/27/2020 9:55:18 PM PST by TBP (Progressives lack compassion and tolerance. Their self-aggrandizement is all that matters. )
[ Post Reply | Private Reply | To 1 | View Replies]

To: plushaye

Tracey Beantz thread:

https://twitter.com/tracybeanz/status/1332534528959721472

Tracey says:
“Thread: This is a huge deal. The PA court is saying Parnell has a viable complaint that mail in voting in PA was unconstitutional and that the Gov there rushed to certify the POTUS and VP to skirt around it. This is massive - a huge win for justice.”


33 posted on 11/27/2020 9:55:43 PM PST by plushaye (The battle is the Lord's. He will conquer all His enemies. God always wins.)
[ Post Reply | Private Reply | To 27 | View Replies]

To: Safrguns

???

Asking for a friend


34 posted on 11/27/2020 9:56:31 PM PST by Vendome (I've Gotta Be Me https://youtu.be/wH-pk2vZG2M)
[ Post Reply | Private Reply | To 5 | View Replies]

To: bitt

Awesome.

This the way we have to fight.


35 posted on 11/27/2020 9:56:33 PM PST by Jonty30 (What Islam and secularism have in common is thp at they are both death cults. N)
[ Post Reply | Private Reply | To 1 | View Replies]

To: TBP

Correct. Trump’s team needs people working out timelines for the other state efforts as Dec. 8 is fast approaching.


36 posted on 11/27/2020 9:56:56 PM PST by Windcatcher (Time to fly the other black flag -- one of no quarter for Marxists.)
[ Post Reply | Private Reply | To 32 | View Replies]

To: dayglored

Wrong.

Likely to succeed on the merits is indeed a preliminary determination that you are likely to succeed. That’s one of the requirements for a court to issue an injunction, and has nothing to do with dismissing the case or not.

If you aren’t likely to succeed the court won’t take the extraordinary step of issuing orders before the case is completed.

The problem is even if we win before this judge, this will eventually go to the PA Supreme Court, dominated by liberals who created many of the improper procedures.

So then the question will be to what degree the US Supreme Court will review the decision of the PA Supreme Court on a question of interpreting the PA Constitution.


37 posted on 11/27/2020 9:57:04 PM PST by Williams (Stop Tolerating The Intolerant)
[ Post Reply | Private Reply | To 8 | View Replies]

To: DannyTN

So in this case, they didn’t win on fraud. They won because the PA constitution describes the conditions in which mail in voting is allowed. They can’t modify that by legislation unless they modify their constitution, which they didn’t do.

So it sounds like PA might be a win. At least it’s going to the legislature and a key committee has already heard the voter fraud claims.

I’m not sure if this win can be emulated in other states, because it depend on how those states constitution is written and whether their constitutions described limits on mail-in voting.


38 posted on 11/27/2020 9:57:05 PM PST by DannyTN (<P><a href="https://www.freerepublic.com/focus/f-chat/3902132/posts">)
[ Post Reply | Private Reply | To 28 | View Replies]

To: dayglored

39 posted on 11/27/2020 9:58:17 PM PST by Vendome (I've Gotta Be Me https://youtu.be/wH-pk2vZG2M)
[ Post Reply | Private Reply | To 8 | View Replies]

To: bitt
WOW! based on ACT 77 mail in ballots as illegal
MEMORANDUM OPINIONBY JUDGEMcCULLOUGH
https://www.marklevinshow.com/wp-content/uploads/sites/301/2020/11/Memorandum-Opinion-Filed.pdf
article on ACT 77 mail in ballots https://www.governor.pa.gov/newsroom/governor-wolf-signs-election-reform-bill-including-new-mail-in-voting/

signing Act 77 of October 31, 2019, The bipartisan compromise legislation takes effect for the April 2020 primary election.
Just in time for COVID-1984? Coincidence?

40 posted on 11/27/2020 9:59:02 PM PST by Steve Van Doorn (*in my best Eric Cartman voice* 'I love you, guys')
[ Post Reply | Private Reply | To 1 | View Replies]


Navigation: use the links below to view more comments.
first previous 1-2021-4041-6061-80 ... 141-152 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
Bloggers & Personal
Topics · Post Article

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