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To: TBall

Bush-Gore took until mid-December to solve, and that was one state with about 550 votes in the margin of victory. The Supreme Court finally told Gore he was through counting those votes over and over.

Many insisted Gore had been elected during the interim.

I am just observing (and hoping) as I have no expertise to tell me who has the legal high ground. I don’t think the lawyers involved know which side will win.


245 posted on 11/07/2020 11:50:47 AM PST by SaxxonWoods (Ghislaine Maxwell lives and Joe Biden is losing.)
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To: SaxxonWoods
I am just observing (and hoping) as I have no expertise to tell me who has the legal high ground. I don’t think the lawyers involved know which side will win.

"who has the legal high ground"???

I also have no legal expertise but easy to answer that question.

The side that did not commit massive VOTER FRAUD will win!

Don't doubt that they have not been prepared for this to happen traps set, and will have a massive amount of undeniable proof to make their case (to the court and the pubic).

257 posted on 11/07/2020 12:02:51 PM PST by TruthWillWin
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To: SaxxonWoods

https://macris.substack.com/p/why-trump-will-triumph-in-pa-litigation

Excerpt:

Thus the situation as it stands is that there is still a petition before the Supreme Court to review the situation in Pennsylvania, it just refused to do so before the election.

Now that raises the question: What’s the situation in Pennsylvania? Let’s work through that.

In 2019, the PA legislature passed a law called Act 77 that permitted all voters to cast their ballots by mail but (in Justice Alito’s words) “unambiguously required that all mailed ballots be received by 8 p.m. on election day.” The exact text is 2019 Pa. Leg. Serv. Act 2019-77, which stated: “No absentee ballot under this subsection shall be counted which is received in the office of the county board of elections later than eight o’clock P.M. on the day of the primary or election.” I agree with Justice Alito: That is unambiguous.

Act 77 also provided that if this portion of the law was invalidated, that much of the rest of Act 77, including its liberalization of mail-in voting, would also be void. The exact text is: “Sections 1, 2, 3, 3.2, 4, 5, 5.1, 6, 7, 8, 9 and 12 of this act are nonseverable. If any provision of this act or its application to any person or circumstance is held invalid, the remaining provisions or applications of this act are void.”

To again put this into common English, the Pennsylvania legislature passed a law that said mail-in ballots had to arrive by 8PM on election day to be counted, and then said that if the Court over-ruled that law, the entire law that permitted mail-in ballots was invalid.

In the face of this clear text, the Pennsylvania Supreme Court, by a vote of four to three, made the following decrees, summarized here by SCOTUS:

Mailed ballots don’t need to be received by a election day. Instead, ballots can be accepted if they are postmarked on or before election day and are received within three days thereafter. Note that this is directly contravenes the text above.

A mailed ballot with no postmark, or an illegible postmark, must be regarded as timely if it is received by that same date.

In doing so, PAs’ high court expressly acknowledged that “the statutory provision mandating receipt by election day was unambiguous” and conceded the law was “constitutional,” but still re-wrote the law because it thought it needed to do so in the face of a “natural disaster.” It justified its right to do so under the Free and Equal Elections Cause of the PA State Constitution.

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There is a strong likelihood that the State Supreme Court decision violates the Federal Constitution. Justice Alito writes: “The provisions of the Federal Constitution conferring on state legislatures, not state courts, the authority to make rules governing federal elections would be meaningless if a state court could override the rules adopted by the legislature simply by claiming that a state constitutional provision gave the courts the authority to make whatever rules it thought appropriate for the conduct of a fair election.”

Justice Alito is referring to the following clauses of the US Constitution:

Art. I, §4, cl. 1, which states “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.”

Art. II, §1, cl. 2, which states “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.”

Again, translating this into common English, the US Constitution grants state legislators the exclusive right to prescribe the time, place, and manner of holding elections, and to direct the appointment of the electors.

= = = = = =

If Pennsylvania mixed the ballots, (*smirk* “what can you do now?”) then the Supreme Court rules 9-0 for Trump; they do not look kindly on anyone flipping them the bird.


302 posted on 11/07/2020 1:29:18 PM PST by grey_whiskers (The opinions are solely those of the author and are subject to change with out notice.)
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