Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: Steve Van Doorn
I'm not disagreeing with anything other then this " there's not time for that to happen before the Electoral College votes"
Put yourself in Alito's shoes. say he wants to make PA follow their own state constitution and make Vote by mail not legal. how would you go about doing that after the election? First he would would first make sure Trump wins by other means. Then make the ruling.
The ONLY fixed date is January 20 all other dates can be changed


1) Federalism and the principle of state's rights says that the Feds don't get to interpret or enforce the state constitution. That's up to the state. Alito doesn't want to (and can't) " make PA follow their own state constitution". That's not a federal issue. The lack of a federal issue is why all these cases keep getting dismissed.

2) The constitutionally fixed date is January 20. However, the constitution gives congress the ability to set election dates and they have (11/3, 12/8, 12/14). Congress could theoretically overturn that, but that would require passing a law - which the House wouldn't and would be filibustered in the Senate. So as a practical matter, those dates are also set with the power of federal law/the constitution.

Safe harbor day is tomorrow. Anything not resolved by 11:59pm tonight is moot.

To resolve the PA case favorably to Trump, in the next 12.5 hours the SCOTUS would need to take the case, issue a decision remanding it to state court, the SCOPA would need to hear and resolve the case. Even if we ignore safe harbor, you'd essentially need a full SCOTUS hearing/case followed by a full SCOPA hearing/case sometime in the next 4 days. That's not enough time.

Just like Bush v. Gore, eventually the clock just runs out.
158 posted on 12/07/2020 8:33:45 AM PST by Boise3981
[ Post Reply | Private Reply | To 156 | View Replies ]


To: Boise3981
said, "The constitutionally fixed date is January 20. However, the constitution gives congress the ability to set election dates and they have (11/3, 12/8, 12/14). Congress could theoretically overturn that, but that would require passing a law"

Those other dates other then January 20 are not law those are recommended days that we've lived up to.

What you're missing is this 45 days after the election (December 18th) on foreign interference in our elections will be reported on by DNI and DHS.
Also according to Sara Carter Durham is now looking into post 2020 election.

Executive Order on Imposing Certain Sanctions in the Event of Foreign Interference in a United States Election signed on -- September 12, 2018

"Section 1. (a) Not later than 45 days after the conclusion of a United States election, the Director of National Intelligence, in consultation with the heads of any other appropriate executive departments and agencies (agencies), shall conduct an assessment of any information indicating that a foreign government"
https://www.whitehouse.gov/presidential-actions/executive-order-imposing-certain-sanctions-event-foreign-interference-united-states-election/

What i find most interesting in all this. The Kraken report which is very accurate on foreign interference they can't get a judge to listen to them. This shows a major problem with our court system. Though they do need the Kraken to be heard at a higher court which that is where they're taking it. It will likely take longer then the 18th this month.

160 posted on 12/07/2020 2:10:54 PM PST by Steve Van Doorn (*in my best Eric Cartman voice* 'I love you, guys')
[ Post Reply | Private Reply | To 158 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson