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Michigan Supreme Court denies Stein’s recount appeal
The Detroit News | December 9, 2016 | Jonathan Oosting

Posted on 12/09/2016 2:59:05 PM PST by bobsunshine

click here to read article


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To: FredZarguna

Great analysis

You think Stein/Clinton/Soros won’t apply To SCOTUS without Scalia there?

https://www.reddit.com/r/The_Donald/comments/5eqg9p/red_alert_jim_stone_discovers_soros_bot_funding/


101 posted on 12/09/2016 6:35:48 PM PST by Democrat_media (bot funded Jill Stein's recount website.12 million $ from Soros behind big scheme)
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To: Mr. Lucky
-- Her problem with filing an appeal from the District Court Order (aside from the obvious one that her case is frivolous) is that December 13 will have come and gone long before the Court could issue a ruling. --

FRAP didn't keep the state GOP from getting a quick hearing and decision, when they lost in Goldsmith's court.

And FWIW, Dec 13 marks safe harbor, not drop dead. Even Dec 19 is not drop dead.

102 posted on 12/09/2016 6:38:11 PM PST by Cboldt
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To: Cboldt

That was an appeal from a Temporary Restraining Order, not a final decision. Steiner could seek an emergency stay order, but she would have to allege that the District Court abused its discretion in doing something that the prior decision of the Court of Appeals told him to do.


103 posted on 12/09/2016 6:42:18 PM PST by Mr. Lucky
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To: Paladin2

The two wimps were Dems, the other 3 who denied recount were Republicans. The other two, who were on SCOTUS LIST, removed themselves from hearing the case.


104 posted on 12/09/2016 6:48:08 PM PST by Engedi
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To: Cboldt
Yep.

I find challenge to be an integral part of life, but I am not a lawyer.

I have taken and passed some legal courses, but remain a philosophical cowboy (as claimed by some of my "superiors" during employment).

105 posted on 12/09/2016 6:50:34 PM PST by Paladin2 (No spellcheck. It's too much work to undo the auto wrong word substitution on mobile devices.)
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To: campaignPete R-CT

They would need to bribe, threaten get turned 38 electors I think to make it go to House of Reps.


106 posted on 12/09/2016 6:50:45 PM PST by Engedi
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To: Mr. Lucky
-- Steiner could seek an emergency stay order, but she would have to allege that the District Court abused its discretion in doing something that the prior decision of the Court of Appeals told him to do. --

See, there is a way to get back in front of the 6th Circuit!

I don't think there's much point in getting into the technical weeds, but I think she has at least one other failed argument she could deploy.

The context remains in the nature of TRO, she should have one and the District Court erred in denying it.

And as you note, the 6th Circuit can use FRAP to kick her out, if they want to. If she does appeal, I think they'll boot her on substance, not procedure.

107 posted on 12/09/2016 6:51:28 PM PST by Cboldt
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To: kingu

thanks for the link. HOORAY Michigan Supreme Court

WOOOHOOOO Mr. Donald J. Trump. Thank you,sir.


108 posted on 12/09/2016 7:02:44 PM PST by PGalt (CONGRATULATIONS Donald Trump)
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To: bobsunshine

Tiiiime is on Trump’s side
Yes, it is babe


109 posted on 12/09/2016 7:16:22 PM PST by Crucial
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To: freeandfreezing

Sorry I linked to the wrong one. I hope the people of Michigan look at the dissent and contemplate what it means, as they could end up doing manual recounts for each and every election in the state forever more in the future should some (ANY) party wish to claim that there was error or fraud involved in the election WITHOUT PUTTING FORWARD ANY EVIDENCE OF THESE ERRORS OR FRAUD.

They are, literally, a few votes away from such a thing, and the liberals on the court should be ushered out as soon as possible to prevent that from happening.


110 posted on 12/09/2016 7:17:33 PM PST by kingu (Everything starts with slashing the size and scope of the federal government.)
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To: kingu

One of the good things that will come out of this attempt at “lawfare” is that states are going to tighten up their recount and election contest rules.


111 posted on 12/09/2016 7:21:27 PM PST by Publius ("Who is John Galt?" by Billthedrill and Publius now available at Amazon.)
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To: Cboldt
Yeah, I have just read his decision. He is apparently of the mistaken opinion that he has appellate jurisdiction over a state case.

I think the 6th Circuit was more circumspect, and probably shared my opinion, since they clearly indicated he should dissolve his order pending the decision of the MI court.

In the footnote to his recusal letter, it's pretty clear Chief Justice Young agrees with my position and does not excuse Goldsmith's meddling.

112 posted on 12/09/2016 7:51:41 PM PST by FredZarguna (And what Rough Beast, its hour come round at last, slouches toward Fifth Avenue to be born?)
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To: Cboldt
Yeah, I have just read his decision. He is apparently of the mistaken opinion that he has appellate jurisdiction over a state case.

I think the 6th Circuit was more circumspect, and probably shared my opinion, since they clearly indicated he should dissolve his order pending the decision of the MI court.

In the footnote to his recusal letter, it's pretty clear Chief Justice Young agrees with my position and does not excuse Goldsmith's meddling.

113 posted on 12/09/2016 7:51:43 PM PST by FredZarguna (And what Rough Beast, its hour come round at last, slouches toward Fifth Avenue to be born?)
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To: goldstategop

Grind them to dust. No quarter. Then they will be “away”.


114 posted on 12/09/2016 7:56:52 PM PST by hal ogen (First Amendment or Reeducation Camp?.)
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To: FredZarguna

The 6th Circuit was a mixed bag. It upheld the “start recount order.” I think this was to save face for the federal courts, Judge Goldsmith in particular. It should have shot down his order, and it didn’t.


115 posted on 12/09/2016 8:05:33 PM PST by Cboldt
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To: kingu

The dissent shows just how partisan judges have become in some courts. A goal for the future should be to re-establish a judiciary focused on interpreting laws, not pursuing partisan goals.


116 posted on 12/09/2016 8:14:53 PM PST by freeandfreezing
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To: goldstategop

Appeals from the highest courts of a state would go to the U.S. Supreme Court, who would almost certainly not hear it for the reasons you mentioned.


117 posted on 12/09/2016 8:15:35 PM PST by Republican Wildcat
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To: campaignPete R-CT; fieldmarshaldj; AuH2ORepublican

It’’s on the 19th, not the 13th.

Is Cali gonna be frigging done counting by then? What a joke.

The jaghole in Texas predicts he won’t be the only one, for whatever that’s worth.

http://www.freerepublic.com/focus/f-news/3503192/posts


118 posted on 12/09/2016 9:41:05 PM PST by Impy (Toni Preckwinkle for Ambassador to the Sun)
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To: Impy

“This one would have to happen more quickly because of a federal law that says states must complete presidential recounts within 35 days of the election to ensure their electoral votes are counted. This year, that’s Dec. 13.”

https://www.armstrongeconomics.com/international-news/north_america/2016-u-s-presidential-election/why-the-electoral-college-is-december-13th-not-19th/


119 posted on 12/10/2016 12:35:15 AM PST by campaignPete R-CT (i WANNA HEAR MORE GLOATING!)
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To: EDINVA
"Is she now kicking herself in the rear for NOT petitioning for recounts on her own behalf?"

Probably. Occam's Razor = she was told not to do it.

120 posted on 12/10/2016 2:38:53 AM PST by StAnDeliver (Protocol: "President Trump"; subsequent references "The President" or "Pres. Trump". NO "POTUS")
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