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Why Trump Will Triumph in PA Litigation
https://macris.substack.com ^ | Nov 4, 2020

Posted on 11/05/2020 11:17:16 AM PST by 11th_VA

If you’ve been following the mainstream media, you’ve probably read that Trump intends to file a lawsuit in Pennsylvania to “stop counting votes.” Most likely, this has been presented as an outrageous evil, unjustifiable by any standards of common decency, and grossly unconstitutional. Is that really the case?

...

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.”

...

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.

... The US Supreme Court is going to rule that the State Supreme Court violated the US Constitution, .. and the votes that arrived after 8 PM on election day will be discarded...

(Excerpt) Read more at macris.substack.com ...


TOPICS: Extended News; Politics/Elections; US: Pennsylvania
KEYWORDS:
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1 posted on 11/05/2020 11:17:16 AM PST by 11th_VA
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To: fatima; Fresh Wind; st.eqed; xsmommy; House Atreides; Nowhere Man; PaulZe; brityank; Physicist; ...

Pennsylvania Ping!

Please ping me with articles of interest.

FReepmail me to be added to the list.

2 posted on 11/05/2020 11:19:53 AM PST by lightman (I am a binary Trinitarian. Deal with it!)
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To: 11th_VA

wont matter if he loses Georgia and doesn’t come back in Arizona.


3 posted on 11/05/2020 11:21:26 AM PST by TexasFreeper2009
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To: 11th_VA

Good to see this. Thank you.


4 posted on 11/05/2020 11:23:02 AM PST by NFHale (The Second Amendment - By Any Means Necessary.)
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To: lightman

Lightman:
Pls add me to your ping list. I’m a PA boy too.


5 posted on 11/05/2020 11:23:30 AM PST by NFHale (The Second Amendment - By Any Means Necessary.)
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To: TexasFreeper2009

I believe there’s a lawsuit being filed for Ga by Trump team already.

Got to cover all bases


6 posted on 11/05/2020 11:24:19 AM PST by patriotspride (Third generation Vet. Never forget the true cost of freedom)
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To: 11th_VA
Rhetorical Question

At 8:01 pm. on the 3rd, where was the PA GOPe?

7 posted on 11/05/2020 11:24:35 AM PST by buckalfa
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To: 11th_VA
... The US Supreme Court is going to rule that the State Supreme Court violated the US Constitution, .. and the votes that arrived after 8 PM on election day will be discarded...

Aren't the late votes already mixed in?

And isn't this now going on in multiple states?

8 posted on 11/05/2020 11:25:22 AM PST by FreeReign
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To: TexasFreeper2009

Thank you Mr Positive!


9 posted on 11/05/2020 11:25:47 AM PST by sanjuanbob
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To: TexasFreeper2009

wont matter if he loses Georgia and doesn’t come back in Arizona.


It’s like much of the country has became the swamp. POTUS has to fight fires in near every battleground state. If it’s not a blue state cheating it’s a blue city in a red state cheating.


10 posted on 11/05/2020 11:27:30 AM PST by lodi90
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To: sanjuanbob

More correctly, Mr. Realistic.


11 posted on 11/05/2020 11:29:13 AM PST by Fresh Wind (The last remnants of the Old Republic have been swept away.)
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To: 11th_VA

We may have to win this thing ugly. But win we shall.


12 posted on 11/05/2020 11:30:09 AM PST by dfwgator (Endut! Hoch Hech!)
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To: 11th_VA
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.

Have they separated the after No 3 ballots?

13 posted on 11/05/2020 11:30:49 AM PST by SmokingJoe
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To: TexasFreeper2009

wont matter if he loses Georgia and doesn’t come back in Arizona.

Relax Trump can deal with Georgia, Wisconsin, and Michigan in short order, a look at Virginia would be nice also.


14 posted on 11/05/2020 11:32:13 AM PST by heshtesh
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To: SmokingJoe

From what I hear, they are now all mixed together.

Accidentally.


15 posted on 11/05/2020 11:32:40 AM PST by Fresh Wind (The last remnants of the Old Republic have been swept away.)
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To: TexasFreeper2009

Of course matters. Anything which stops the crud from stealing elections is worthwhile.

Whats missing is the penalty for the violation...if there is one.


16 posted on 11/05/2020 11:34:14 AM PST by billyboy15
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To: 11th_VA

very interesting, thanks for posting. from the article:

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.

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


17 posted on 11/05/2020 11:34:15 AM PST by spacejunkie2001
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To: 11th_VA

This reminds me that Biden’s campaign manager said that they had a pathway to victory that did not need Pennsylvania or Florida. At the time, many thought they were acting concerned about the early voting, but it now looks as though they had a plan in place and knew that they were going to have to activate it.


18 posted on 11/05/2020 11:34:30 AM PST by Repealthe17thAmendment
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To: Fresh Wind

I think the vote will be certified by TIME...ie. how many votes Trump had at 8pm which was around 700k. It won’t matter that they kept adding add’l ballots after that time as they’ve invalidated their entire mail in election by breaching what the SC said!

This HAS to be the kiss of death for PA’s fraudsters.


19 posted on 11/05/2020 11:39:35 AM PST by spacejunkie2001
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To: 11th_VA

At this point what does it matter? If the votes are counted and mixed with those arriving on time they will never be changed. Once counted even SCOTUS won’t be able to subtract them.


20 posted on 11/05/2020 11:39:54 AM PST by 3RIVRS
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