Posted on 12/07/2020 4:35:48 AM PST by Texas Fossil
It’s likely that the Supreme Court will overturn a critical Pennsylvania State Supreme Court ruling on account of the state court’s incorrect use of the legal doctrine of laches. This could return the electoral votes of Pennsylvania back to President Trump.
The reasons why we may consider this outcome as possible/likely, can be summarized as follows:>
The 2019 Pennsylvania vote-by-mail law clearly violates Article VII, sec. 14 of the Pennsylvania Constitution, which lists only four classes of voters entitled to vote absentee: those who cannot vote in person because of work, physical incapacity, religious obligation, or (in the case of county employees) election-related duties. In violation of this constitutional provision, the Pennsylvania vote-by-mail law (Act 77), as described by a 2019 press release from the Pennsylvania governor’s office, “creates a new option to vote by mail without providing an excuse.” Whatever the benefits of such a change in voting law, it could not be legally accomplished without an amendment to the Pennsylvania Constitution.
In late November, Rep. Mike Kelley (PA-R) and several other Pennsylvania voters challenged the law and lost when the Pennsylvania Supreme Court ruled that -- whatever the merits of the plaintiff’s case -- it was too late to challenge the constitutionality of the law. In other words, the court dismissed the case under the equitable doctrine of laches, which states that if you wait too long to claim your legal rights have been violated, that’s too bad for you.
At first glance, this argument sounds compelling. Kelley’s lawsuit was filed more than a 1-1/2 years after the law was passed, with two elections taking place during that time without any complaint. But the mail-in ballot law itself contained a provision that no legal challenges to the law would be entertained by Pennsylvania courts after 180 days.
(Excerpt) Read more at americanthinker.com ...
What will the U.S. Supreme Court do?
Will they act soon?
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"Justice Alito has given Pennsylvania until December 9 to respond to Kelley’s suit, so all will soon be revealed."
They should, the PA Supremes are a partisan kangaroo court that violated both the PA state constitution, PA law and the separation of powers and the US Constitution repeatedly, in rulings and actions around this election.
Will they?!? That is the question.
It has been said the only deadline is January 20 in the constitution, not dec 8th, not dec 14th
I’m not an attorney and don’t pretend to have a clear idea where this is going.
There is no way the Supremes are going to overturn this election in Pennsylvania. I just can’t see it. This stuff should have been settled before the election.
Yes. And a lot rides on this one.
I pray for our Nation and President Trump daily.
I wouldn’t count on it. It appears that there’s a ‘game’ being played, whereby the court system searches not for justice, but for a way to deny any decision that will benefit Trump.
“No standing”, “Filed too early”, “Filed too late”, “No evidence”, etc.
I think SCOUTUS will punt to help run out the clock, saying anything they might potentially rule on has to wind its way through the system before they’ll take the case. By which time, it will be too late.
Then there’s the Roberts Rule. (F*** Trump!)
Sucks to be Trump, sucks to be us.
Should have, would have et all?
Here we are.
The SCOTUS can often disappoint as well as surprise, so it’s anyone’s guess. My own guess is that they will be reticent to overturn a state’s election.
Ooops — SCOTUS, no SCOUTS allowed!
Trump Appointed a record number of judges to the federal judiciary. Now it seems they’re turning against him and justice. This is the ultimate in betrayal.
Oh my, this thread is begging for Eeyores, lol.
this, Republicans’ jaws will hit the floor at all the court complicity, bottom to top.
the end.
Opinions are fine. Everyone has one. But just declaring what WILL or WILL NOT happen, based on one’s opinion, isn’t kosher.
Mark Levin explains the legal situation here in some detail.
Catch 22 - if they brought suit before the election, they’d have been told they have no legal standing because they hadn’t been hurt yet...
We have so many willful quitters here I’m wondering if the Dem Underground hasn’t taken over here.
Thanks for the link to elvin.
Agree.... it is not gonna happen.
I thought it was initially reported that it was the executive office and the Pa. courts that had changed the law regarding main in ballots and this was the basis of the suit. This article reveals that it was the legislature that changed the law back in 2019. Man, I just don’t know what to believe anymore.
Not in a million years.
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