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Posted on 12/06/2020 11:52:01 AM PST by gattaca
Supreme Court Justice Samuel Alito asked officials in Pennsylvania to file briefs by Tuesday at 9 a.m. in response to a lawsuit filed by Rep. Mike Kelly (R-Pa.) in a bid to overturn the state’s election results.
Tuesday, notably, is the “safe harbor” deadline that requires controversies surrounding elections to be ended so states can choose their electors before the Dec. 14 meeting of the Electoral College. Alito initially called for response arguments by 4 p.m. Wednesday, Dec. 9, before it was changed.
The Tuesday, Dec. 8 deadline could be a signal that the Supreme Court takes up Kelly’s case, which was shot down by the Pennsylvania Supreme Court last weekend. Kelly has argued that the 2019 Pennsylvania law, Act 77, violates Pennsylvania’s state Constitution and the U.S. Constitution with its “no-excuse mail-in” voting provision. Kelly’s lawsuit was joined by GOP congressional candidate Sean Parnell and others.
Their lawsuit argued that the only way to increase mail-in voting was via a constitutional amendment, saying the Pennsylvania Legislature’s passage of the bill was illegal. They are seeking to have hundreds of thousands of ballots disqualified as a result, which would be more than enough to flip the result of the election in the state.
“Pennsylvania’s General Assembly exceeded its powers by unconstitutionally allowing no-excuse absentee voting, including for federal offices, in the Election,” Kelly’s attorney wrote to Justice Alito, according to Law & Crime. “The opinion below forecloses any means of remedying Petitioners’ injuries.”
“With respect to elections for federal office, both state legislatures and the Congress have specified roles inscribed in the Constitution as fail-safes for state failures in conducting elections,” their petition also said.
The Pennsylvania Supreme Court rejected their lawsuit and claimed Kelly and Parnell should have raised it earlier. However, some, including Sen. Ted Cruz (R-Texas), accused the state court of engaging in “gamesmanship,” while adding that their lawsuit “argues that Pennsylvania cannot change the rules in the middle of the game. If Pennsylvania wants to change how voting occurs, the state must follow the law to do so.”
In his suit, Kelly is asking for an injunction to prevent Pennsylvania state officials from taking further steps to prevent the certification of the Nov. 3 election. Last week, Kelly asked for an injunction from the Pennsylvania Supreme Court, which rejected his petition.
Lawyers for Pennsylvania Secretary of State Kathy Boockvar and Gov. Tom Wolf, both Democrats, have argued that Kelly’s petition is too late.
“It is simply too late to invoke the U.S. Constitution now; they have waived their arguments. For this reason, and because the fatal flaws in Petitioners’ original case mean that the Supreme Court of the United States is highly unlikely to grant relief, this Court should deny Petitioners’ Application,” their lawyers said.
this is suppose to be Elena about the voting machines in the past. She must have had a lot of plastic surgery.looks like a different woman than the one that freaked out in the hearing
https://twitter.com/IamKPach/status/1335607306113978369
well that is not the right video
you have to scroll down in that persons timeline to see the video I am talking about
Methinks Justice Alito has his 5 votes
It’s a guessing game. It could be a simple as the clerk made a mistake and it was realized after the gnashing of the teeth and speculation of what the date meant
Or he could have the votes.
I think he will have Thomas.
No clue on the rest..except he probably wont have Roberts
Pennsylvania openly cheated with the help of John Roberts with the mail-in votes 3 days after the election was over and in not checking postmarks and signatures.
Good news - the MSM was crowing about Alito’s initial deadline as signaling the nail in the coffin for Trump’s voter challenging efforts - now maybe they’ll eat a little crow......
“I think he will have Thomas.”
I agree. Whether Alito can bring along Gorsuch, Kavanaugh, and Barrett will be interesting.
I also agree that it is highly unlikely that Robert would overturn anything that would tend to help Trump.
I think the MSM was wrong on that anyway.
I don’t trust Kavanaugh....he was raised in the Swamp...a loyal Bushie..... Whatever the Democrats did to him during the SC hearings, he would likely turn the other cheek, just like Dubya did.....8 years of Libs calling him BushHitler, Another 8 years of Obama blaming him for all his failures, and he never says a word, but has plenty of negative stuff to say about Trump...... I’m afraid that Trump is going to have to take this into his own hands....the GOP already got all their head counts prior to the steal....State legislatures, State Senators, judges, Governors...... They knew exactly how many people they needed to squash any opposition to the few principled Republicans who are willing to do the right thing
This is not a hard case to decide. The SCOP over stepped its authority over the legislature, and Act 77 stipulated all ballots had to be in by election night @8pm. Now they can bitch about the Constitutionality of Act 77, but that was the law in play at the time SCOP stuck it nose in the Legislatures bidness. Game over.
“I don’t trust Kavanaugh”
I don’t trust him, either.
Pennsylvania Ping!
Please ping me with articles of interest.
FReepmail me to be added to the list.
I don’t trust Kavanaugh....he was raised in the Swamp...a loyal Bushie..... Whatever the Democrats did to him during the SC hearings, he would likely turn the other cheek, just like Dubya did.....8 years of Libs calling him BushHitler, Another 8 years of Obama blaming him for all his failures, and he never says a word, but has plenty of negative stuff to say about Trump...... I’m afraid that Trump is going to have to take this into his own hands....the GOP already got all their head counts prior to the steal....State legislatures, State Senators, judges, Governors...... They knew exactly how many people they needed to squash any opposition to the few principled Republicans who are willing to do the right thing
If SCOTUS fails to stop the steal there should be no worries about packing the court IMHO
If SCOTUS fails to stop the steal it’s time for martial law. The “Great Reset” needs to become our eradication of tyranny and reassertion of or Constitution.
Death to Globalists.
Otherwise, that is exactly what they have in mind for us.
I agree. Unfortunately, there’s a large contingent of people here who think the Constitution is a suicide pact and rather a Manchurian candidate take office instead of using emergency powers in a constitutional crisis.
But they could just rule on the laches and remand the real constitutional question back to the PA scum court.
How will Roberts vote?
He was supposed to be an originalist, right?
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