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PA Supreme Court Dismisses Case Challenging Absentee Ballot Law
Philadelphia Inquirer / Twitter ^ | 11/28/2020 | Jonathan Lai

Posted on 11/28/2020 3:23:58 PM PST by Alter Kaker

The PA Supreme Court dismisses the case brought by U.S. Rep. Mike Kelly that sought to overturn last year’s law creating no-excuse mail voting and to throw out those mail ballots cast in this election.

This is the case the Commonwealth Court had earlier blocked certification in.


TOPICS: News/Current Events; Politics/Elections; US: Pennsylvania
KEYWORDS: biden; kelly; mikekelly; paping; pasupremecourt; pennsylvania; trump
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To: Alter Kaker

Watch as 20K PA votes for Trump disappear in real time on
@CNN
... 1,690K to 1,670K. Explanations?

https://twitter.com/DrSamGirgis/status/1332420490879709184


21 posted on 11/28/2020 3:39:42 PM PST by missthethunder
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To: gspurlock; datura
The Governer made the deal without legislative authority. Only the Legislature, State House and Senate can authorize the time, place and method of elections.

Absolutely not the case.

This suit involved Act 77 which was passed last year by the Republican majority PA House and Senate.

All the governor did was sign it.

22 posted on 11/28/2020 3:39:54 PM PST by semimojo
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To: Alberta's Child
I’m pretty sure the legal challenge was based on the Pennsylvania constitution, so I don’t see a clear role for the Federal courts here.

I think that's right. There isn't really a federal controversy here.

23 posted on 11/28/2020 3:41:22 PM PST by semimojo
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To: Alter Kaker

ok
on what basis can they get it to SCOTUS?


24 posted on 11/28/2020 3:42:04 PM PST by dontreadthis
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To: Alter Kaker

Expect no justice for Republicans from courts that change the law as they go to favor Democrats, courts that have never applied original intent.


25 posted on 11/28/2020 3:42:20 PM PST by Socon-Econ (adical Islam, )
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To: Steve Van Doorn

Didn’t this same issue come up before the election.

Court is indicating that they waited too long to file..but seems like they tried to do something about it before the election


26 posted on 11/28/2020 3:43:43 PM PST by RummyChick (I blame Kushner.)
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To: Alter Kaker

I told you the PA Supreme Court is a left wing joke.. just like FL Supreme Court in 2000

You will never get remedy in the PA court system on these things.

Only in federal court can you.


27 posted on 11/28/2020 3:43:55 PM PST by HamiltonJay
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To: Alter Kaker

Interesting. As the case was clear that it had merit. Partisan courts are a threat to our republic and to the state legislature. The PA constitution is quite clear on when absentee ballots are permitted. It is also clear on how to change that. The order in question did not meet those standards at all.


28 posted on 11/28/2020 3:44:07 PM PST by lastchance (Credo.)
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To: Nateman

Interestingly, at least one of the Pennsylvania Supreme Court Justices (Justice Wecht) argues in a concurring opinion that it would be illegal under federal law for the PA legislature to challenge the election and pick electors at this point, although strictly speaking that question was not before the Court in this case - but it does seem like a shot across the bow.


29 posted on 11/28/2020 3:44:07 PM PST by Alter Kaker (Gravitation is a theory, not a fact. It should be approached with an open mind...)
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To: Alter Kaker
One of the ironies of the judge's initial ruling was the implicit presumption that the state legislature's power to decide how electors are chosen isn't plenary after all. She says the state constitution overrides the legislature.

How many people here were rooting for her position and at the same time saying the PA legislature should ignore the state constitution and just choose their own slate of electors?

30 posted on 11/28/2020 3:45:34 PM PST by semimojo
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To: semimojo

The President of the U.S. was on the ballot. It’s a federal controversy.


31 posted on 11/28/2020 3:46:00 PM PST by Al B. ("Evil is powerless if the good are unafraid." -- Ronald Reagan)
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To: Alberta's Child
...clear role for the Federal courts here.

The Federal Constitution clearly says that State Legislatures are souly responsible for election laws . Those laws were altered by entities other than the Legislatures. Altered, we now know , to make it easier to steal elections.

32 posted on 11/28/2020 3:46:24 PM PST by Nateman (Democracy dies with vote fraud darkness.)
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To: dontreadthis

I think the only basis For the SCOTUS to review the case might be that the law was used in a Federal election.


33 posted on 11/28/2020 3:46:55 PM PST by Savage Rider
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To: dontreadthis
ok on what basis can they get it to SCOTUS?

This case? Probably not much of one. Maybe another case. But this is a question of state law and it seems unlikely the Supremes would touch a question of state law. There's no federal question here.

34 posted on 11/28/2020 3:47:17 PM PST by Alter Kaker (Gravitation is a theory, not a fact. It should be approached with an open mind...)
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To: missthethunder

They didn’t disappear, they were given to Biden. He went from 1252 to 1272. Clearly a vote switch happened right before our eyes.


35 posted on 11/28/2020 3:48:38 PM PST by Saveourcountry
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To: Al B.
The President of the U.S. was on the ballot. It’s a federal controversy.

Lots of states allow absentee ballots. No federal law restricts absentee ballots. If any law restricts them, it's the PA State Constitution which is why the PA Supreme Court, not a federal court, calls the shots here. PA, not the feds, decides what PA law says.

36 posted on 11/28/2020 3:48:53 PM PST by Alter Kaker (Gravitation is a theory, not a fact. It should be approached with an open mind...)
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To: Alter Kaker

Absentee ballots aren’t the issue. Unrestricted mail-in ballots in a federal election certainly are.


37 posted on 11/28/2020 3:50:40 PM PST by Al B. ("Evil is powerless if the good are unafraid." -- Ronald Reagan)
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To: Al B.
The President of the U.S. was on the ballot. It’s a federal controversy.

The Constitution gives the states the right to choose their electors any way they like.

This is squarely a state law issue.

38 posted on 11/28/2020 3:50:55 PM PST by semimojo
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To: semimojo

Good question, but I’m reasonably sure that those posters weren’t attempting to articulate a nuanced theory of the law.


39 posted on 11/28/2020 3:51:21 PM PST by Alter Kaker (Gravitation is a theory, not a fact. It should be approached with an open mind...)
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To: Al B.
Absentee ballots aren’t the issue. Unrestricted mail-in ballots in a federal election certainly are.

Those are the same thing. The Republican Pennsylvania legislature passed a law expanding mail-in voting. This lawsuit challenged that law under the PA State Constitution. To the best of my knowledge, no federal law prevents them from doing this - and nobody has argued otherwise. If you know of a federal law at issue here, this might be a good time to let folks know!

40 posted on 11/28/2020 3:53:57 PM PST by Alter Kaker (Gravitation is a theory, not a fact. It should be approached with an open mind...)
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