Posted on 11/27/2020 9:53:45 AM PST by Alter Kaker
Free, fair elections are the lifeblood of our democracy. Charges of unfairness are serious. But calling an election unfair does not make it so. Charges require specific allegations and then proof.
We have neither here. The Trump Presidential Campaign asserts that Pennsylvania’s 2020 election was unfair. But as lawyer Rudolph Giuliani stressed, the Campaign “doesn’t plead fraud. . . . [T]his is not a fraud case.” Instead, it objects that Pennsylvania’s Secretary of State and some counties restricted poll watchers and let voters fix technical defects in their mail-in ballots. It offers nothing more.
This case is not about whether those claims are true. Rather, the Campaign appeals on a very narrow ground: whether the District Court abused its discretion in not letting the Campaign amend its complaint a second time. It did not. Most of the claims in the Second Amended Complaint boil down to issues of state law. But Pennsylvania law is willing to overlook many technical defects. It favors counting votes as long as there is no fraud. Indeed, the Campaign has already litigated and lost many of these issues in state courts.
The Campaign tries to repackage these state-law claims as unconstitutional discrimination. Yet its allegations are vague and conclusory. It never alleges that anyone treated the Trump campaign or Trump votes worse than it treated the Biden campaign or Biden votes. And federal law does not require poll watchers or specify how they may observe. It also says nothing about curing technical state-law errors in ballots. Each of these defects is fatal, and the proposed Second Amended Complaint does not fix them. So the District Court properly denied leave to amend again.
Nor does the Campaign deserve an injunction to undo Pennsylvania’s certification of its votes. The Campaign’s claims have no merit. The number of ballots it specifically challenges is far smaller than the roughly 81,000-vote margin of victory. And it never claims fraud or that any votes were cast by illegal voters. Plus, tossing out millions of mail-in ballots would be drastic and unprecedented, disenfranchising a huge swath of the electorate and upsetting all down-ballot races too. That remedy would be grossly disproportionate to the procedural challenges raised. So we deny the motion for an injunction pending appeal.
Alito is at the top of the 3rd, so yes.
Agree! It would of been a better strategy to have a few wins on the way up to SCOTUS.
Thanks for the clarification. This whole matter is giving me migraines from trying to keep everything straight.
Hopefully they are finding more evidence that they can prove and then when they get to the supreme court they will have it. If not we are lost! Maybe these initial cases were just strategic proceedures in a time when time is running out.
TRY TO READ THIS WITH THE USA, TRUMP AND THE ELECTION IN MIND ....and remember Isaiah was a prophet
1 Woe to the crown of pride, to the drunkards of Ephraim, whose glorious beauty is a fading flower, which are on the head of the fat valleys of them that are overcome with wine!
2 Behold, the Lord hath a mighty and strong one, which as a tempest of hail and a destroying storm, as a flood of mighty waters overflowing, shall cast down to the earth with the hand.
3 The crown of pride, the drunkards of Ephraim, shall be trodden under feet:
4 And the glorious beauty, which is on the head of the fat valley, shall be a fading flower, and as the hasty fruit before the summer; which when he that looketh upon it seeth, while it is yet in his hand he eateth it up.
5 In that day shall the Lord of hosts be for a crown of glory, and for a diadem of beauty, unto the residue of his people,
6 And for a spirit of judgment to him that sitteth in judgment, and for strength to them that turn the battle to the gate.
7 But they also have erred through wine, and through strong drink are out of the way; the priest and the prophet have erred through strong drink, they are swallowed up of wine, they are out of the way through strong drink; they err in vision, they stumble in judgment.
8 For all tables are full of vomit and filthiness, so that there is no place clean.
9 Whom shall he teach knowledge? and whom shall he make to understand doctrine? them that are weaned from the milk, and drawn from the breasts.
10 For precept must be upon precept, precept upon precept; line upon line, line upon line; here a little, and there a little:
11 For with stammering lips and another tongue will he speak to this people.
12 To whom he said, This is the rest wherewith ye may cause the weary to rest; and this is the refreshing: yet they would not hear.
13 But the word of the Lord was unto them precept upon precept, precept upon precept; line upon line, line upon line; here a little, and there a little; that they might go, and fall backward, and be broken, and snared, and taken.
14 Wherefore hear the word of the Lord, ye scornful men, that rule this people which is in Jerusalem.
15 Because ye have said, We have made a covenant with death, and with hell are we at agreement; when the overflowing scourge shall pass through, it shall not come unto us: for we have made lies our refuge, and under falsehood have we hid ourselves:
16 Therefore thus saith the Lord God, Behold, I lay in Zion for a foundation a stone, a tried stone, a precious corner stone, a sure foundation: he that believeth shall not make haste.
17 Judgment also will I lay to the line, and righteousness to the plummet: and the hail shall sweep away the refuge of lies, and the waters shall overflow the hiding place.
18 And your covenant with death shall be disannulled, and your agreement with hell shall not stand; when the overflowing scourge shall pass through, then ye shall be trodden down by it.
19 From the time that it goeth forth it shall take you: for morning by morning shall it pass over, by day and by night: and it shall be a vexation only to understand the report.
20 For the bed is shorter than that a man can stretch himself on it: and the covering narrower than that he can wrap himself in it.
21 For the Lord shall rise up as in mount Perazim, he shall be wroth as in the valley of Gibeon, that he may do his work, his strange work; and bring to pass his act, his strange act.
22 Now therefore be ye not mockers, lest your bands be made strong: for I have heard from the Lord God of hosts a consumption, even determined upon the whole earth.
23 Give ye ear, and hear my voice; hearken, and hear my speech.
24 Doth the plowman plow all day to sow? doth he open and break the clods of his ground?
25 When he hath made plain the face thereof, doth he not cast abroad the fitches, and scatter the cummin, and cast in the principal wheat and the appointed barley and the rie in their place?
26 For his God doth instruct him to discretion, and doth teach him.
27 For the fitches are not threshed with a threshing instrument, neither is a cart wheel turned about upon the cummin; but the fitches are beaten out with a staff, and the cummin with a rod.
28 Bread corn is bruised; because he will not ever be threshing it, nor break it with the wheel of his cart, nor bruise it with his horsemen.
29 This also cometh forth from the Lord of hosts, which is wonderful in counsel, and excellent in working.
It’s a tragic day if the Supreme Court considers a stolen presidential election a purely political question not in need of remedy. A tragic day indeed.
600,000+ “Biden votes” all at once in the dead of night...
sure, sure ...
a more corrupted election hasn’t been seen since Tammany Hall
> The opinion can now be appealed to the full 3rd Circuit or to the US Supreme Court. <
Okay. I get that. But it would have been nice if the Trump guy had kept it from being unanimous.
On the plus side, now I know what it feels like to live through a soft coup.
Personally, I would have preferred Trump WINNING 3-0, rather than losing 3-0. But maybe I’m weird?
I think that is being saved for SCOTUS.
I wouldn’t get my hopes too high regarding the Supremes.
How many times have we gotten screwed by them even with a so-called “conservative” majority.
They don’t want any part of this mess.
This won’t matter in PA if legislature steps in as it looks like they intend on doing.
Need to impeach these judges though
Boy you sure like to post negative news stories, don’t you.
I know the end result of all of this.
I will be bitter for a long time.
I never want to see the two of them again.
I have made fun of Bannon and his unkempt raging alcoholic appearance. I have made fun of his current legal troubles - Trump should pardon him.
But I have no doubt whatsoever things would have been much better with him instead of Kushner.
I post good news when there’s good news. But sure, blame me for the news!
Having been dismissed twice then the chances of the Supreme Court taking it up have to be slim.
This should go directly to the Supreme Court where Samuel Alito has already warned the PA courts about the constitutionality of mail-in ballots and election day tampering.
The PA court and SOS cannot order a three day extension for counting ballots. Only the PA legislature has that authority.
The PA election will be nullified and the electors placed by the general assembly.
You should be less obvious in your trolling...
You’re right, which says nothing good about the state of the courts.
If they are not alleging fraud in lower court proceedings, how the heck can they bring it up later if it goes to SCOTUS? Everything they think is wrong with the election, that can change the apparent results, should be brought up by the Trump lawyers in legal proceedings.
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