Posted on 12/06/2016 4:00:31 PM PST by roostercogburn
Just came across wires.... recount stopped by state appeals court!
Ok Fred... is Michigan recount effort finally done in your opinion?
lawyers with the most money wins *Ping*
Is Rita Cosby reporting this court decision?
Nope. Done as a matter of law once the MISC rules. Done as a matter of fact as soon as Goldschmidt’s order is vacated after the MISC rules, either by him, or by the appeals court over his head.
Stein needs to get AlGore to Mich. ASAP to provide the real testimony that “I wuz ROBBED!”.
Judges have slapped down by the SCOTUS for being involved in political thicket cases.
That’s why I anticipate the WI federal district court’s order holding the state’s redistricting law unconstitutional to be overturned.
The remedy for that is for voters to change political party control at the ballot box, not for the courts to impose a plan to the benefit/detriment of any political party.
Why would Goldsmith drag it out???
Didn’t the 6th circuit fire a bit of a shot across his bow in their opinion this evening?
My suspicion, since actual lawyers are involved, is that the 6th circuit only ruled on the propriety of the original federal judge overruling state law in order to start the recount early.
Now that the MI appeals court has ruled, albeit putting their result in abeyance contingent on an appeal to the MI Supreme Court, I would expect that the subsequent MI Supreme Court ruling on the admissibility of a recount would then be appealed to the 6th Circuit for its ruling. Any ruling by the 6th may be appealed to the U.S. Supreme Court, which if it deadlocks, could demur to the final ruling of the 6th Circuit.
So, the final ruling on whether a recount was warranted on Michigan state law might be decided in the 6th Circuit.
[That’s my guess, and I’m sticking to it! :]
Article III courts have no authority over the appointment of electors.
Their hearings should not be attended, no responses to their requests should issue, and their orders should be ignored.
If we do not hold the line on this obvious, bright line distinction, there will never be another election decided by the people.
This is a SOLE and EXCLUSIVE prerogative of State Legislatures. End of story, full stop.
I thought the original Fed court ruling that allowed the recount to start Monday was ONLY on “when” the recount would start, not “if” the recount was legal and COULD start.
Assuming that’s the case, it would seem (not a lawyer but interpreting everything I’ve read on this) that the Fed judge did not rule on the legality of the recount - just that it could begin earlier than the mandatory 2-day waiting period.
The twisted pretzel logic he used was that (assuming) the recount was going forward, that waiting two days may “disenfranchise” the voters if it could not be completed by 12/13.
So, he never ruled on the legality of the recount - just the timing.
Ergo, how on earth does he have the right to say anything about the recount continuing until HE says it will stop?
I don’t believe this judge has any authority whatsoever to do that - it’s a State decision that the Fed has zero control over..and the State appeals court just ruled tonight that the recount is not legal, because Stein is (as we know) not an “aggrieved” candidate - which is what is required to get a recount.
I’m beginning to have a real understanding of the immediate horrible aftermath of the French Revolution.
"in the event that the recount is canceled for whatever reason, Stein’s filing fee will be made available to the extent necessary to cover all expenses. "
Where do you find, in the Constitution, the notion that Federal courts have ANY jurisdiction over the appointment of electors by State Legislatures?
Stat court should normally prevail in an elections matter. Also any recount involves state tax funds and state officers to carry out. Fed judge can’t appropriate state funds nor can he require state employees to perform work at his order. IMHO.
It goes to the SCOTUS only if a federal constitutional issue is involved.
Otherwise, a state supreme court is the final court of resort on matters of state law.
despite dueling court rulings,Michigan recount keeps going
December 6th.
7:32 pm
Our state GOP will now be filing with Goldsmith, but nothing has been won YET.
So many of you really jumped the gun on this. Read the above link.
Legal minds... what is TRO?
They are Demonrats. It is who they are. It is what they do. What can be stolen, MUST be stolen or the Demonrats will die trying.
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