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To: damper99; Cboldt

Yes and No. You are correct in interpreting his ruling and this is probably headed to the US Court of Appeals. However, his ruling was to the State Board of Canvassers and technically does not bind the MI Court of Appeals or the MI Supreme Court. Some will interpret this as consistent with the Supremacy Clause others can interpret overreach by the Feds and MI can assert control of their election process. Cboldt? Any thoughts?


42 posted on 12/05/2016 11:27:06 AM PST by usafa92 (Trump 2016 - Destroying the GOPe while Making America Great Again!)
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To: usafa92
I do agree that his order reads "count until the recount is done, unless I personally order otherwise."

That said, his opinion is narrowly focused on the two day delay, and gives short shrift to the fundamental argument, which is whether or not Stein is entitled to a recount at all. IOW, the opinion assumes the conclusion, she is entitled to a recount.

When two courts butt heads, the outcome is never certain. Even though this Federal judge has a lousy hand, the feds have successfully stepped all over state sovereignty before, and will continue to do so.

Assume for the sake of argument that a MI state court says Stein is not entitled to a recount, period, because she can't win. If Stein doesn't like that, and wants a federal court to reverse it, she needs to take that issue to a federal court, not the "two day delay" issue.

47 posted on 12/05/2016 11:36:09 AM PST by Cboldt
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