I thought it was a Federal District judge that ordered the MI hand recount.
How can a MI court of appeals change that Fed ruling?
MI is part of the 6th circuit, IIRC, and it’s in Cincinnati.
If MI doesn't authorize the recount on Wednesday then the Federal ruling may be null and void.
There are 2 separate issues before the courts. MI for right now has jurisdiction over whether or not the recount can be held. Because the Canvassing Board was dealocked 2-2 it proceeds, but state law said you must wait 2 Business Days to start it. Stein went to Federal Court to have the 2 day period waived which the Federal judge granted.
So the Michigan Courts can stop the recounts at which point it will probably go to the SC of MI on appeal. It’s rather confusing but all the Feds did was to waive the 2 day waiting period.
That is true about the Federal District judge. The thing is the state’s have the power over the elections, right?
I am SO confused. LOL
In this case, the state election commission deadlocked (on recount or not, period), so Trump's objections were rejected. Appeal of that decision is what the OP is about.
What the federal court did was over-ride the MI law that says recounting is to wait for two days while the loser below (Trump) gets his appeal of right. A recount was going to happen unless reversed by the state court.
The State can tell the Fed Judge to go f’off on issues of State (US) Constitutional Duty. If time were of the essence, S0r0$ should have had Jill file for a recount the day after the election. Waiting for the last moment doesn’t create an emergency.
According to legal experts cited by the Detroit Free Press, the MI courts probably can’t stop the recount now that the Fed court has ordered it to go forward. Schuette and co. would likely need to appeal the fed court’s decision to the 6th Circuit.
“How can a MI court of appeals change that Fed ruling?”
MI court could order the recount shutdown, and then trigger a Constitutional crisis as the MI counties have orders from the MI court and the Fed court. I’d love to see the MI SC shove it in the face of the Fed court.
Nonetheless, as for as I can tell, however, the only issue before the Fed court for MI was that WAITING two days from Monday to Wednesday was “unconstitutional” and the Fed court ordered the recount to begin on Monday. Don’t think that court addressed any other issues, so MI court could order it shutdown on other grounds, namely the grounds specified by the MI AG and the Trump lawyers.
Because the states are responsible for voting, not the fed.