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To: grey_whiskers; All

INTERESTING LINK POSTED BY GREY WHISKERS—I have reposted the link, and various snips/excerpts —PA case:

Translated into common English: In Boockvar, the Republican Party sent a request to the US Supreme Court to review a lower court case, and then asked them to hurry up about it. The US Supreme Court declined the motion to expedite, e.g. it refused to hurry up. But - and this is very important - it did not deny the petition for the writ of certiorari.

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.

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.

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.

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.

The Pennsylvania Supreme Court didn’t just say “Act 77 is unconstitutional.” It re-wrote Act 77 itself, by judicial fiat, creating new rules for time, place, and manner, of holding elections. In doing so, the State Supreme Court violated the US Federal Constitution.

And that’s the real case here. The US Supreme Court is going to rule that the State Supreme Court violated the US Constitution, the State Supreme Court’s ruling is going to be overturned, and the votes that arrived after 8 PM on election day will be discarded. On that basis, Trump will win Pennsylvania.

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


569 posted on 12/04/2020 3:42:44 PM PST by greeneyes ( Moderation In Pursuit of Justice is NO Virtue--LET FREEDOM RING)
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To: greeneyes

Hmm, that sounds like what I remember, that if they accept any ballots after 8PM, which they did, the entire mail in ballot law is cancelled. (And since many ballots were back dated, there is no way to separate the ballots.)

So why is this the conclusion?
“and the votes that arrived after 8 PM on election day will be discarded. On that basis, Trump will win Pennsylvania.”

Seems to me the conclusion that ALL mail in ballots should be discarded.


587 posted on 12/04/2020 4:11:09 PM PST by little jeremiah (Courage is not simply one of the virtues, but the form of every virtue at the testing point. )
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To: greeneyes

Good points, many thanks for the translation from legalese to plain speech!


768 posted on 12/04/2020 7:46:25 PM PST by WildHighlander57 ((WildHighlander57 retusrning after lurking since 2000))
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To: greeneyes

I would rather SCOTUS rule that the legislative law is valid. Therefore the law that permitted the mail-in ballots is invalid.

“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.”

Ballots that came in after 8:00pm weren’t enough to turn the electon.

https://www.washingtontimes.com/news/2020/nov/11/pennsylvania-says-10000-mail-ballots-arrived-after/


867 posted on 12/04/2020 9:15:55 PM PST by stylin19a ( 2016 - Best.Election.Of.All.Times.Ever.In.The.History.Of.Ever)
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To: greeneyes; little jeremiah; grey_whiskers; bitt

Great easy to understand assessment of where we stand in PA


971 posted on 12/05/2020 2:43:51 AM PST by thinden
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