Michigan appeals court rejects Jill Stein's recount as unlawful

Freep.com ^

[roostercogburn]

Just came across wires.... recount stopped by state appeals court!

[roostercogburn]

But this is a catch 22... the court ruled against her, but she is still getting relief. She has no reason to go to another court.

[randita]

That means one last appeal.

One last appeal to what - the State Supreme Court?

[perfect_rovian_storm]

Actually, that’s only part of the story. The OP is correct. The recount has been stopped.

[silverleaf]

The lawyers courts and judges are engaging in an elaborate legal opera and the taxpayers and voters of Michigan are being treated like props

[FredZarguna]

Condensed matter theorist gone bad. And I did not stay at a Holiday Inn® last night.

[bjcoop]

A freaking green party county has been allowed to cause all this chaos.

[Cboldt]

-- So at this point, the matter is back to the District Court for that judge to rule on whether or not his order should be modified in light of the state court ruling. --

The 6th Circuit said it expects the federal courts to follow the MI state court ruling. So, the GOP has a state appellate decision that says "no recount," and a 6th Circuit decision that says the feds will follow the state court deciion. Take both of those the the federal district court, and he will rescind or modify his order. If he has a lick of sense. And I'm not going to go out on a limb and believe he does.

[MarMema]

Our AG is a rock star and our state GOP are pretty awesome too.

Did you see that most of the Clinton areas cannot be recounted because the totals don't match?

problems found in Clinton strongholds

[Republican Wildcat]

[workerbee]

I guess this will continue until we all agree her highness can be prez.

You know, based on your comments these past 2 weeks, I really think you've been hoping & praying all along that this ridiculous "recount" would actually make HRC "president". But now will you please just STFU?!?!

[xzins]

They were deciding different things. MI Court was determining if count should take place at all. Fed ruling was if they should start before Wednesday.

So, in my mind, the MI Court has said the recount itself is not legal. Stein now has to get that over-ridden. I’m no lawyer, btw.

[bjcoop]

*candidate

[LouisianaJoanof Arc]

A.G. Bill Schuette ‏@SchuetteOnDuty · 5m5 minutes ago The Michigan Court of Appeals agreed that Jill Stein is not an aggrieved candidate and the recount must stop.

[MarMema]

Pending the MI court decision, he ordered the recount to begin.

He also said that the recount should continue until his court said otherwise. Arrogant jerk

[FredZarguna]

The appeals court is a state court, the circuit court is the US 6th Circuit, which has supremacy over the state courts.

Not quite true, actually.

Goldschmidt did not rule on the merits of the case originally. He merely ordered the recount to start so it could finish in time IF Stein/Clinton/Soros were abl to prevail in state court.

I say not quite true, because states have sole authority for setting their own election laws, even in Federal elections. The US Courts would only be "higher" if there is a US Constitutional violation in the MI laws. Nobody has argued that there is.

[madison10]

County? Like Washtenaw? Or party as in person?

[phoneman08]

Right. What my line of thinking is the Judge will tell them to keep counting until the Michigan SC rules, then back to him we go. What a mess.

[Cboldt]

-- So, in my mind, the MI Court has said the recount itself is not legal. Stein now has to get that over-ridden. I'm no lawyer, btw. --

You did well, just the same! I see it the same way, but caveat that with the fact that I've not read the 6th Circuit decision directly, only what has been excerpted an posted here.

[LS]

I have a Ph.D. and this is swahili. No clue who to root for here.

Like watching the Packers play the Eagles.

[FredZarguna]

No argument from me on that.

But the US appeals court above him said they expect him to "act appropriately" once the MI courts rule on the merits, including "dissolving his order."