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

[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

[JoSixChip]

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

Yep, it seems solid. But we all should know this case will be decided at the SCOTUS on an expedited bases. That will tell us what Trump's chances are.

[ConjunctionJunction]

My understanding is that that case was an equal protection / due process case.

They didn’t make an election fraud case because they didn’t have the information that they needed at that time. Matt Braynard’s work is supposed to be included in court filings in PA, GA, MI, WI, and AZ. And he’s supposed to be presenting the VIP findings in person in Arizona.

https://twitter.com/MattBraynard/status/1332446372004573184

[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. - Danny TN

Can someone please explain this?🤯🧐 - CondoleezzaProtege

Actually I probably do know why. When the Campaign legal team split with Sidney Powell, they said that litigating the Dominion fraud would take 6 months to a year. And they needed quick rulings to deal with the election.

The 3rd circuit did mention that the campaign had a path for relief for the issues they had raised through state courts and then to the Supreme court. And since discrimination was not alleged, it declined the case saying they were trying to make a federal case out of what should be a state case.

So now, given this judges ruling if the PA Supreme court over turns it, it goes to SCOTUS which might uphold the injunctions.

If the PA legislature acts, then I think it makes all of the court rulings moot. As the courts will likely defer to the legislature.

[Windcatcher]

Indeed that’s the real question. We can safely assume that the hacks on PASC will rule that Act 77 is constitutional. Would the SCOTUS take up an appeal when the PASC ruling would be so clearly corrupt?

[Pollard]

Also a different article here; https://legalinsurrection.com/2020/11/pennsylvania-state-judge-halts-certification-finds-likelihood-mail-in-balloting-procedures-violate-pa-constitution/

[Steve Van Doorn]

From the document
"Order of an Emergency Preliminary Injunction has been appealed to the Pennsylvania Supreme Court"

Which likely will fail... then to the US Supreme court?

[gunsequalfreedom]

BREAKING HUGE: Pennsylvania Judge Rules 2020 PA Election Likely Unconstitutional – Trump Case “Likelihood to Succeed” – Gives State Legislators Power to Choose Electors!

I guess this got a little less BREAKING HUGE with news out today.

[Safrguns]

>>> ??? Asking for a friend

I’m assuming your friend is confused by my objection.

I objected to the language of the headline which implies that the judge had to “give authority” or “power” to the legislature in order for the legislature to act.

this is not true.

The legislature is constitutionally empowered to appoint the electors as it sees fit.

Further, i seriously doubt that the judge actually did this, and after reading the opinion myself, it looks like he did not.

He simply signaled in an opinion that Biden is screwed.

[DannyTN]

So what it sounds like to me, is that the campaign legal team didn’t raise the Fraud charges in court, because they couldn’t meet the standard of proof in time to get a ruling before the electors met.

But they raised the fraud charges with the legislative committee, where the burden of proof is lower.

And now this ruling that the absentee voting was unconstitutional given the wording of the PA constitution, gives the Legislature a firm foundation to declare the election unconstitutional and then consider the allegations of fraud and misconduct in selecting electors.

[DannyTN]

I agree with you, the legislature already had the power. The judge merely affirmed the legislature’s already existing powers.

[Reno89519]

Good. Now if the state legislature will actually act to award electors to Trump. That is a big IF.

[DannyTN]

See post 43 and 49.

I think the explanation on why is there.

I don’t think they can do what you’re suggesting. Bring new evidence and arguments up before SCOTUS that they didn’t introduce in the lower courts. And if they can, it’s a risky strategy.

[mazz44]

Bingo! The correct strategy.

[bray]

When does the media demand Senile Joe’s confession speech?

[armyofprinciples]

Third, state courts have the final word on state constitutional interpretation. In other words, if you prevail on a state constitutional issue, the other side has no recourse to the U.S. Supreme Court, unless of course the state constitution itself violates the national Constitution.
Source: https://www.cato.org/policy-report/novemberdecember-2016/state-constitutions-freedoms-frontier

Unsure if this is accurate but if so, how would one argue the PA constitution, as it is today, violates the national Constitution?

[SteveH]

thanks for the insights and hoping you are correct

bookmark

[Bobalu]

[MHGinTN]

I don’t know any ‘anywhen’. Could you give us a Chinese explanation?

[gcparent]

Correct

[aposiopetic]

There are other examples of provisions of state constitutions having been found contrary to the US Constitution, but the first that comes to mind was decided in Romer v. Evans: https://en.wikipedia.org/wiki/Romer_v._Evans.

I suppose there may be an equal protection (14th Amendment) argument to be made in this instance, as in Bush v. Gore (and, indeed, in Romer), but I haven't studied the details here at all.