Posted on 12/06/2016 7:22:57 PM PST by MarMema
Michigan’s Court of Appeals ordered the state government on Tuesday evening to undo its previous approval of an election recount requested by Green Party presidential nominee Jill Stein.
The decision will not interfere with the ongoing recount in the state, however, due to a 2-1 ruling by the U.S. Court of Appeals for the 6th Circuit that came out around the same time, according to the Detroit Free Press.
The Court of Appeals for the 6th Circuit upheld a ruling that U.S. District Judge Mark Goldsmith issued early Monday morning ordering the recount to proceed at noon that day, and precluding it from stopping until “further order of this court.”
Michigan’s Republican Attorney General Bill Schuette and President-elect Donald Trump filed separate lawsuits with the state appeals court on Friday seeking to block Stein’s crowdfunded recount effort in the Great Lakes State.
The panel of judges on Michigan’s Court of Appeals accepted Schuette’s and Trump’s arguments that Stein, who came in a distant fourth place in Michigan, was not an “aggrieved” party with standing to challenge the election results.
At the same time, the judges appeared to acknowledge that their order would not take effect in light of Goldsmith’s original ruling, the Detroit Free Press reported.
The challenge to the recount will now head back to Goldsmith.
(Excerpt) Read more at huffingtonpost.com ...
The HuffPost, and some people here, just cannot conceive of there being limits on a federal judge’s power.
The 6th circuit instructed Goldsmith to vacate his order if the state courts should order than the recount be stopped. That is precisely what they have done.
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Not sure why you’re reaching for the Huffington Post piece when you’ve seen on the other FR thread how the 6th circuit instructed Goldsmith to vacate his order.
I’m getting suspicious that you’re intentionally not listening.
The pleading reads like something put together by a high school debater. The ruling is expected Friday. If the judge does anything besides the legal equivalent of b!tch-slapping that thing mercilessly around the room before announcing that the case is completely without merit I will be genuinely shocked.
Or rather. The AG may file a summary motion to vacate the fed judge’s order based on lack of fed jurisdiction, mootness, etc. especially since the state courts have acted and retain jurisdiction etc. (possibly with an offer of points and authorities but it doesn’t appear from what we’ve heard that a competent fed judge would need them , gotta just check the fed court’s rules of practice is all). We will see if this gets dealt properly or if something else u expectedly happens —?? ).
The Federal appeals court made a very narrow ruling, in which the court makes repeated statements that the judgment of whether Stein qualifies for a recount is left to the state of Michigan. That’s why the Michigan appellate ruling should take precedence at tomorrow’s Board of Canvassers meeting.
sounds fine. thanks
“Only read the excerpt, but while correct to a point, it left out the instruction by the 6th circuit instructing Goldsmith to vacate or amend his order should the state court rule against the recount as they have. So if Goldsmith doesn’t, it is almost certain the 6th circuit will.”
Correct.
Since repubs are in control of most states they should start impeaching activist judges. Whoever has power in all areas should begin to drain the swamp of all lawmakers who disregard the constitution. The right has the power now. Let’s get busy.
When Pol-Pot overthru Cambodia his first act was to execute all lawyers and judges. Very cruel and inhumane but maybe he knew something that we can’t figure out.
And because the other stuff I would like to post is not allowed here on FR.
But that's ok. I am done here on this.
“Hope this clears up much of the confusion out there. Goldsmith has all the power right now.”
This completely wrong; Goldsmith can do nothing but wait for the order to vacate his order. This is the Huffington Post!!!
Shakespeare recommended likewise.
Ps: (may the good Lord protect me from the anti- Mormon flaming hereabouts but...anyway..on your topic of judges or lawyers -——.) when the good righteous society of theirJewish refugees in North America decayed and disintegrated from within, the Book of Mormon (in Alma as I recall) has a very short transitional phrase between long passages extolling it’s original virtue , on the one hand, and it’s descent into ungodly decedance, on the other -— from memory so this is at best approximate , that transitional phrase is: .”.... but Lo, many (merchants and) lawyers sprang up amongst them...” —after which the place went, basically, to Hell.
There are also some federal judges that cannot conceive of limits on their power, almost all of them being liberal.
How can you order a recount to resume when there is no recount to resume?
This SOB federal judge needs to be brought up on charges of political interference in a state managed and controlled election. It’s clear why Obama appointed this sack of crap.
When will Michigan vote on the proposed bill to hold financially responsible (retroactive) those who call for election recounts?
Don’t know. I can let you know if you like.
My point is that he/they will find a way to keep this recount going. He is dedicated to punishing us and a close friend of Obama's according to a link posted on twitter. We don't even think they are trying to change the election outcome or grab EC votes. What they are doing is making us all miserable and even more poor because we flipped red.
Goldsmith has already said and done 'stupid' things. What makes you think he will stop now? Hope this helps to clarify our differences. I get it that you are correct and he is out of line. What they can do under the rule of law and what they manage to do in our current banana republic are two different things. Why is Hillary walking around free?
I will be at a GOP thing most of tomorrow and will post any news barring the miracle finding today at 10:30 am that Goldsmith says we can stop the recount.
Have you read it? The dissenting judge believes differently.
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