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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
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To: bitt

PA does have patriots in power.

I’d about given up but determined to go down firing away. Kinda like Mikey Mansoor.


101 posted on 11/28/2020 1:28:04 AM PST by combat_boots (Hi God bless Israel and all who protect and defend her. Merry Christmas! In God We Trust! )
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To: Safrguns

It’s not “giving them a power they already have”...

It’s informing them they have a Constitutional responsibility they can’t dodge...


102 posted on 11/28/2020 1:28:41 AM PST by Sense
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To: DannyTN

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.


103 posted on 11/28/2020 1:35:47 AM PST by Sense
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To: CondoleezzaProtege

Just did.


104 posted on 11/28/2020 1:37:12 AM PST by Sense
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To: DannyTN

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.


105 posted on 11/28/2020 1:45:50 AM PST by Sense
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To: Reno89519

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...


106 posted on 11/28/2020 1:53:53 AM PST by Sense
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To: ETCM

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 ?


107 posted on 11/28/2020 2:10:27 AM PST by Sense
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To: TexasGurl24

Perfectly clear. Thanks !


108 posted on 11/28/2020 2:13:09 AM PST by Sense
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To: lightman
Nice work, Pennsylvania Patriots!


109 posted on 11/28/2020 2:31:06 AM PST by poconopundit (Hard oak fist in an Irish velvet glove: Kayleigh the Shillelagh we salute your work!)
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To: Windcatcher

“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.


110 posted on 11/28/2020 2:35:49 AM PST by tired&retired (Blessings )
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To: aposiopetic

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.”


111 posted on 11/28/2020 2:48:47 AM PST by tired&retired (Blessings )
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To: 9YearLurker

“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.,...”


112 posted on 11/28/2020 3:03:28 AM PST by tired&retired (Blessings )
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To: poconopundit

Threads like this are great.

Thank you Freepers for the excellent insights and comments made on this thread.


113 posted on 11/28/2020 3:08:19 AM PST by tired&retired (Blessings )
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To: Bobalu

Good one, Bobalu!


114 posted on 11/28/2020 3:14:13 AM PST by poconopundit (Hard oak fist in an Irish velvet glove: Kayleigh the Shillelagh we salute your work!)
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To: bitt

bkm


115 posted on 11/28/2020 3:32:52 AM PST by JonPreston ( )
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To: tired&retired

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.


116 posted on 11/28/2020 3:40:27 AM PST by bray (Pray for President Trump)
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To: tired&retired

Thanks. I guess missing one of my links is what I get for posting at 2:25 am...


117 posted on 11/28/2020 3:55:45 AM PST by 9YearLurker
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To: bitt

This is great news.. We got a win.


118 posted on 11/28/2020 4:11:24 AM PST by glimmerman70
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To: lightman

119 posted on 11/28/2020 4:16:55 AM PST by Travis McGee (EnemiesForeignAndDomestic.com)
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To: CondoleezzaProtege

This is still good. Since the election a bunch of “freepers” are trying to sow seeds of defeat and confustion.

you have mail


120 posted on 11/28/2020 4:51:11 AM PST by SisterK (its a spiritual war )
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