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 ...
PA does have patriots in power.
I’d about given up but determined to go down firing away. Kinda like Mikey Mansoor.
It’s not “giving them a power they already have”...
It’s informing them they have a Constitutional responsibility they can’t dodge...
They didn’t allege fraud in that case because they didn’t have to. You don’t need there to be a proof of fraud for the election to be overturned. The Trump campaign addressed a simple question: was the election conducted in accordance with the law ?
If it wasn’t... then it wasn’t a lawful election, and the result of it cannot be lawful.
What the judge ruled was: an unlawful election is not unfair.
That’s brain dead stupid, of course... and a huge win for Team Trump... because the odds of that judge’s ruling surviving at the Supreme Court are somewhat less than zero.
Just did.
Exactly wrong. The whole point of the 3rd circuit ruling is that the acts of the legislature DON’T MATTER... if those charged with following and enforcing the laws they pass refuse to be limited by the laws.
The 3rd circuit ruled that elections don’t have to be conducted according to the law... that following the law is optional... and that an unlawful election is not unfair.
Can’t wait to see what Clarence Thomas has to say about that.
Actually, they don’t have to award them to Trump... they could just declare a spoiled election because of fraud and not appoint any, for now...
Maybe they could hold another election real quick... only with proper procedures and proper oversight this time ?
There’s still time to act, later, depending on what else is learned before the Congress has to watch the votes of the electors be counted... which isn’t until January 6th...
There are three separate arguments made or to be made in Pennsylvania now...
One, ruled on by the 3rd circuit... claimed that the election was not lawful because it was not conducted according to the law.
Two, this one, saying that the part of the law that was followed was not Constitutional.
Three, even if yet to be filed... IT WAS A PROVABLE FRAUD.
Team Trump won on the first two already... the first even by having the 3rd circuit ruling deliver an absurdity as red meat for the SCOTUS... claiming that an election conducted in an unlawful manner was not unfair.
You think they won’t prove it was fraud in Pennsylvania ?
Perfectly clear. Thanks !
“Would the SCOTUS take up an appeal when the PASC ruling would be so clearly corrupt?”
I sure am happy that the big issue during Amy Coney Barrett’s hearings was about original meaning of the law or constitution, not legislating from the bench.
State constitution, unless ammended, overrules state legislation. Period. Any ruling by the PA Supreme Court inconsistant with the PA constitution is illegal.
Good points.
“No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”
“Pennsylvania Constitution
Petitioners allege that Article VII, section 14 of the Pennsylvania Constitution provides two exclusive mechanisms by which a qualified elector may cast his or her vote in an election:
(1) by submitting his or her vote in propria persona at the polling place on election day; and
(2) by submitting an absentee ballot, but only if the qualified voter satisfies the conditions precedent to meet the requirements of one of the four, limited exclusive circumstances under which absentee voting is authorized under the Pennsylvania constitution. (Petition, ¶16.)
Petitioners allege that mail-in voting in the form implemented through Act 77 is an attempt by the legislature to fundamentally overhaul the Pennsylvania voting system and permit universal, no-excuse, mail-in voting absent any constitutional authority. Id.,
¶17. Petitioners argue that in order to amend the Constitution, mandatory procedural requirements must be strictly followed. Specifically, pursuant to Article XI, Section 1, a proposed constitutional amendment must be approved by a majority vote of the members of both the Pennsylvania House of Representatives and Senate in two consecutive legislative sessions, then the proposed amendment must be published for three months ahead of the next general election in two newspapers in each county, and finally it must be submitted to the qualified electors as a ballot question in the next general election and approved by a majority of those voting on the amendment. According to Petitioners, the legislature did not follow the necessary procedures for amending the Constitution before enacting Act 77 which created a new category of mail-in voting; therefore, the mail-in ballot scheme under Act 77 is unconstitutional on its face and must be struck down. Id.,...”
Threads like this are great.
Thank you Freepers for the excellent insights and comments made on this thread.
Good one, Bobalu!
bkm
This reads like all the PA mail in ballots are going to be thrown out. This applies to other states in the US Constitution the state legislatures didn’t vote for.
Thanks. I guess missing one of my links is what I get for posting at 2:25 am...
This is great news.. We got a win.
This is still good. Since the election a bunch of “freepers” are trying to sow seeds of defeat and confustion.
you have mail
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