Posted on 12/22/2020 9:30:05 AM PST by SeekAndFind
A lawsuit filed by Republicans seeking stronger, more uniform signature matching for the January 5, 2021, US Senate run-off elections has been dismissed by a District Court of Appeals court in Georgia. The district court found the complainants lacked standing. This prompted an appeal to the US Court of Appeals for the Eleventh Circuit.
The Georgia Republican Party was joined by US Sens. Kelly Loeffler (R-GA), and David Perdue (R-GA), in a lawsuit against Georgia Secretary of State Brad Raffensperger. The suit claimed that signature matching for mail-in ballots, as executed in the November 3, 2020, General Election was “unconstitutional, arbitrary, and inconsistent.”
The three-judge panel – consisting of Clinton nominee Charles Wilson, Obama nominee Beverly Martin, and Trump nominee Robert Luck, ruled Sunday that the plaintiffs did not adequately allege an injury that can be addressed to establish standing.
“Like in Jacobson, the campaigns sued the Secretary of State,” the panel wrote in its dismissal. “They alleged that the Secretary is the state’s chief election officer, that he has the authority and responsibility to manage Georgia’s electoral system, and that he, along with the election board members, has the duty to promulgate rules and regulations to obtain uniformity in the practices of election officials and to ensure a fair, legal, and orderly conduction of elections.”
“Jacobson” refers to Jacobson v. Florida Secretary of State, a precedent-setting case in the matter.
“But, just as in Jacobson, the absentee ballot statute puts the duty to ‘compare the signature’ and accept or reject a ballot on the ‘registrar or clerk’ – not the secretary of state.”
The judges explained that the motion for injunction before them asked them to do what they already stated they couldn’t do in the previous case, “order a nonparty county official to do something contrary to state law.”
The question that begs to be asked is this. Did the Georgia GOP and lawyers for Loeffler and Purdue do their due diligence in seeking the correct relief from the right litigant?
Judging from the language of the dismissal this appears to be a valid question.
The courts should be burned to the ground. The dems will win the runoff hands down. They will also have all three branches of government and piss all over us. Our children and grand children will thank them because they will not know any better. This is the truth, like it or not.
As expected.
File before? “No harm, no standing”
File after? “Too late, sitting on your laches”
So you simply can’t win.
Crooked, corrupt “courts”, playing defense for their overseers.
Exactly. We are a nation of cowards.
There are three elements to standing: 1) did the plaintiff suffer injury in fact, 2) is the defendant the cause of that injury, and 3) is the plaintiff asking for remediation that the court is in a position to provide. What the court ruled is that the plaintiff did not succeed on the second and third points, i.e. the Secretary of State was not the person or office certifying the signatures and the remediation requested was not something the court could order under state law.
In short, they sued the wrong person.
Perfect. Right on the money. Rigged, across the board.
The judges know how to let the marks win too. Thousands of times the courts "cure deficiencies" in order to obtain a just result.
This just proves the need to use the insurrection act. All the people that told us that America was being infiltrated should not sound so kooky now.
That is why the USSC should look at these cases.
So it’s ok to steal the January 5th election then? I’m starting to feel like our country has already been taken over.
Not unexpected. We are in Art. 2 territory now; courts and executive branches are not actively involved. Except the courts can be asked to declare the election UNLAWFUL for violating the state election laws, and leave the action to the Electoral College when they meet. For a court case in WA to be introduced, for example, it should be filed in the District court first. An UNLAWFUL court finding neatly neutralizes the certification by the Governor of his slate of Electors as a tie breaker.
Just refile and add Perdue and Loeffer to the suit.
If anyone has standing they ndo.
I have lost faith in our entire system.
It’s horses*** and it should be treated with the contempt is has earned.
They will toss [dismiss] it also. The Courts as everyone in a position of power except President Trump favor the Democrats. Our only option is to fight. If we refuse to do that......
The democrat party and media will be stunned at the back lash for their actions they put the country at the highest risk in history.
Many democrat voters will be a part of it too this isn’t about an election it’s about freedom and law.
Courts are not going to help. When does that get obvious? We’re on our own.
So, I hope Trump actually has a plan. Otherwise this is all just kabukik
Now, we can see why that in any past historical revolution, the judges were the first to go....pretty obvious.
“No one is willing to start picking off politicians so that’s the end of it.”
I wouldn’t be surprised to see someone cap a judge. This is why you’re going to see a huge gun control push because the ruling class is scared.
I guess McConnell can’t see the writing on the wall..the republican senate are FKD...you’d think he would’ve done all in his power to hold on to the senate and the presidency. EFFIN BACKSTABBING BLOOD SUCKING POS!!
What the court ruled is that the plaintiff did not succeed on the second and third points, i.e. the Secretary of State was not the person or office certifying the signatures and the remediation requested was not something the court could order under state law.
Yep. This isn't the CCP controlled Deep State™ using their evil technicalities. This is limited government - a bedrock conservative principle! - in action. The state does not have the power to order more scrutiny of mail ballot signatures; authority over those matters is devolved to the counties and that is where the case should be brought.
Indeed, if they filed this case in a large county and won, maybe then they would have standing at the state level with an equal protection argument. (I am not a lawyer, just speculating.)
Most judges don’t even understand what “standing” means; that is clear. They also can say this with impunity now...no other reasoning needed. Get a freaking rope already...traitors all around us. Here is a point to ponder...Chinese Communist Party, has no need for judges once they have what they need; do these judges not see that? Some of them would be the first shot in the head and dumped in the ditch; if they serve no more useful purpose...
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