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Judge: Republicans Will Likely Win Pennsylvania Election Lawsuit
NTD/Epoch Times ^ | 11-27-20 | Ivan Pentchoukov

Posted on 11/28/2020 4:14:30 AM PST by tellw

The judge who ordered Pennsylvania to not certify the results of the 2020 election wrote in an opinion on Friday that the Republicans who filed the related lawsuit will likely win the case.

Pennsylvania Commonwealth Judge Patricia McCullough made the assessment as part of an opinion explaining her rationale for blocking Pennsylvania’s election certification.

A group of Republican lawmakers and candidates sued the Keystone State earlier this week, arguing that the state legislature’s mail-in voting law—Act 77—violated the commonwealth’s constitution.

“Petitioners appear to have established a likelihood to succeed on the merits because petitioners have asserted the Constitution does not provide a mechanism for the legislature to allow for expansion of absentee voting without a constitutional amendment,” McCullough wrote.

When ruling on an emergency injunction, judges have to consider whether the party which requested the injunction is likely to win the case or “succeed on the merits.” McCullough opined that the “petitioners appear to have a viable claim that the mail-in ballot procedures set forth in Act 77 contravene” the plain language of the provision of the Pennsylvania Constitution which deals with absentee voting.

Pennsylvania said that it had certified the results of the election for president and vice president on Nov. 24 while the court was reviewing briefings from both parties. In response, the plaintiffs filed a request for an emergency injunction, arguing that that state need not have acted so fast.

“It appears that respondents’ actions may have been accelerated in response to the application for emergency relief … in an effort to preclude any remedial action by this court faster than this court was able to evaluate the application for emergency relief and the answers to it,” the plaintiffs wrote.

The emergency request underlined that while Pennsylvania completed vote-counting and submitted the signed certification to the U.S. archivist, a number of steps still remain for the formal certification process to be completed.

“While Respondents may have proactively attempted to avoid potential injunctive relief granted by this Court, Respondents duties with regard to finalization of the full election results are far from complete,” the filing states.

Republican state lawmakers in Pennsylvania released a memo on Nov. 27, advising that they will soon introduce a resolution to dispute the results of the 2020 election.

The resolution states that the executive and judicial branches of the Keystone State’s government usurped the legislature’s constitutional power to set the rules of the election.

The resolution “declares that the selection of presidential electors and other statewide electoral contest results in this commonwealth is in dispute” and “urges the secretary of the commonwealth and the governor to withdraw or vacate the certification of presidential electors and to delay certification of results in other statewide electoral contests voted on at the 2020 general election.”


TOPICS: Politics/Elections; US: Pennsylvania
KEYWORDS: judge; lawsuit; mccullough; patricia
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To: Fido969

Ugh, so is spelling. Likelihood.


21 posted on 11/28/2020 5:19:43 AM PST by Fido969 (,i.)
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To: tellw

The MSM is not reporting on this case. They only report if a judge rules against the GOP/Trump.


22 posted on 11/28/2020 5:20:17 AM PST by tellw (ed)
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To: AFB-XYZ

It’s good news to be rejected quickly by a stooge dem court.

Much better than them delaying, when days count.

The entire goal is to get it to SCOTUS asap.


23 posted on 11/28/2020 5:21:25 AM PST by Travis McGee (EnemiesForeignAndDomestic.com)
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To: MayflowerMadam

Yeah, there’s big election fraud and there is a lot people involved, and the media sat there all nite reporting and then claiming there’s 100% no fraud. The names of the players big and small are going to start coming out with what they done in their role whether it was naively following the crowd or blatantly sabotaging the vote. Some of it is obvious and on record probably seen in news footage and some of it will have to be investigated further including the trying to hide the trail.


24 posted on 11/28/2020 5:27:42 AM PST by Son House
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To: Presbyterian Reporter

Bkmk


25 posted on 11/28/2020 5:30:31 AM PST by sauropod (Let them eat kale. I will not comply. Sic semper evello mortem tyrannis. This is how Democracy dies.)
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To: MayflowerMadam

Yep. That’s where I saw it. Courage is contagious. But I do wish people would come forward now. They need to pile on. Put these states over the top. I always thought GA would be flipped, now it looks like PA may fall also. Needs to be done quick so we know what’s gonna happen. I think when this starts happening that the media will change tactics. Maybe a story that biden in anger destroys his office and yells at his staff. Lol.


26 posted on 11/28/2020 5:32:28 AM PST by glimmerman70
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To: Fido969

Ok, so what’s the difference?


27 posted on 11/28/2020 5:33:34 AM PST by sauropod (Let them eat kale. I will not comply. Sic semper evello mortem tyrannis. This is how Democracy dies.)
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To: Blennos

Only if it is God’s will it be so, and if that’s the case it’s a yes.


28 posted on 11/28/2020 5:33:45 AM PST by sevinufnine
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To: Travis McGee

Anti Trumper and fake conservative Jonah Goldberg will be highly disappointed


29 posted on 11/28/2020 5:35:01 AM PST by italianquaker
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To: Blennos; Dan in Wichita

Thank you, thank you.


30 posted on 11/28/2020 5:38:37 AM PST by OKSooner (BLOAT)
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To: MayflowerMadam
Nobody wants to go first, though. Feckless unprincipled wimps.

Totally agreed -> that's the primary phenomenon at play right now. One state, or one significant court to back up the cry 'this is fraud and this can't stand' with an actual action that is irrefutably in line with what you do when there is fraud.

Little bit like like putting one's signature on the Declaration of Independence - you could whine all you wanted about the Brits, but you could not be said to be only a whiner until you put your pen to paper. Certainly it takes some courage, but if you believe in something, then it's an act of cowardliness not to act in line with it.

I'm sure as kids many of these politicians and jurists dreamed of making a difference and of actually fighting (i.e. putting it all on the line) for what's right rather than collecting wealth for making a tepid show of it.

Would love to be a fly on the wall in the minds and hearts of a lot of these men and women right now. There is no way out for them: Spiritually they finish this in God's eyes and hence their own, no matter how honest or dishonest with themselves, as either cowards or real men/women.

31 posted on 11/28/2020 5:42:42 AM PST by tinyowl (A is A)
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To: tinyowl

“I’m sure as kids many of these politicians and jurists dreamed of making a difference and of actually fighting”

And many also dreamed of absolute power....at any cost...and that cost being the small, insignificant general public.


32 posted on 11/28/2020 5:52:35 AM PST by sevinufnine
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To: Travis McGee; grey_whiskers
Travis! (Stole your memes! (Nice!) Securing them in the vault!)


33 posted on 11/28/2020 5:55:47 AM PST by Pete from Shawnee Mission ( Thanks A angelLV!)
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To: sevinufnine
"And many also dreamed of absolute power....at any cost...and that cost being the small, insignificant general public."

Yeah that too! But I'm gonna guess that, even among pols, most were not born sociopaths. Original Sin provides the mechanism for the not-comprimised-at-birth to become either the equivalent of genetic sociopaths spritually or more commonly, malignantly self centered cowards and self-liars. I.e, lemmings, but a particularly calculating sort of lemming.

34 posted on 11/28/2020 6:01:31 AM PST by tinyowl (A is A)
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To: tellw

Great news...


35 posted on 11/28/2020 6:04:58 AM PST by Deplorable American1776 (We might be DEPLORABLES, but we don't CHEAT like Demst)
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To: Pete from Shawnee Mission
Two more:


36 posted on 11/28/2020 6:05:15 AM PST by Travis McGee (EnemiesForeignAndDomestic.com)
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To: italianquaker

What a turd that guy has turned out to be. Liberal facism. If only he believed what he wrote. I hope he fades along with bill little body part krystal amd Erick not so red Erickson


37 posted on 11/28/2020 6:06:26 AM PST by genxer ( )
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To: tellw
Petitioners appear to have established a likelihood to succeed on the merits because petitioners have asserted the Constitution does not provide a mechanism for the legislature to allow for expansion of absentee voting without a constitutional amendment,” McCullough wrote.

I'm no lawyer, but from what I understand this just means the judge does not consider it a frivolous lawsuit - they say this for any case which is not thrown out of court. Doesn't guarantee a win, but it's a positive sign.
38 posted on 11/28/2020 6:10:56 AM PST by AnotherUnixGeek
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To: Dogbert41

“I hate to say this, but Trump fairly won another four years”

I don’t. Been posting it all the time.


39 posted on 11/28/2020 6:13:29 AM PST by max americana (fired liberal employees at every election since 2008 because I enjoy seeing them cry )
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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.

40 posted on 11/28/2020 6:14:27 AM PST by lightman (I am a binary Trinitarian. Deal with it!)
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