Posted on 11/28/2020 4:14:30 AM PST by tellw
The judge who ordered Pennsylvania to not certify the results of the 2020 election wrote in an opinion on Friday that the Republicans who filed the related lawsuit will likely win the case.
Pennsylvania Commonwealth Judge Patricia McCullough made the assessment as part of an opinion explaining her rationale for blocking Pennsylvania’s election certification.
A group of Republican lawmakers and candidates sued the Keystone State earlier this week, arguing that the state legislature’s mail-in voting law—Act 77—violated the commonwealth’s constitution.
“Petitioners appear to have established a likelihood to succeed on the merits because petitioners have asserted the Constitution does not provide a mechanism for the legislature to allow for expansion of absentee voting without a constitutional amendment,” McCullough wrote.
When ruling on an emergency injunction, judges have to consider whether the party which requested the injunction is likely to win the case or “succeed on the merits.” McCullough opined that the “petitioners appear to have a viable claim that the mail-in ballot procedures set forth in Act 77 contravene” the plain language of the provision of the Pennsylvania Constitution which deals with absentee voting.
Pennsylvania said that it had certified the results of the election for president and vice president on Nov. 24 while the court was reviewing briefings from both parties. In response, the plaintiffs filed a request for an emergency injunction, arguing that that state need not have acted so fast.
“It appears that respondents’ actions may have been accelerated in response to the application for emergency relief … in an effort to preclude any remedial action by this court faster than this court was able to evaluate the application for emergency relief and the answers to it,” the plaintiffs wrote.
The emergency request underlined that while Pennsylvania completed vote-counting and submitted the signed certification to the U.S. archivist, a number of steps still remain for the formal certification process to be completed.
“While Respondents may have proactively attempted to avoid potential injunctive relief granted by this Court, Respondents duties with regard to finalization of the full election results are far from complete,” the filing states.
Republican state lawmakers in Pennsylvania released a memo on Nov. 27, advising that they will soon introduce a resolution to dispute the results of the 2020 election.
The resolution states that the executive and judicial branches of the Keystone State’s government usurped the legislature’s constitutional power to set the rules of the election.
The resolution “declares that the selection of presidential electors and other statewide electoral contest results in this commonwealth is in dispute” and “urges the secretary of the commonwealth and the governor to withdraw or vacate the certification of presidential electors and to delay certification of results in other statewide electoral contests voted on at the 2020 general election.”
p
HUGE BUMP
here’s hoping
I hate to say this, but Trump fairly won another four years, and Usurpers Biden/Harris won a civil war.
Bttt.
5.56mm
PA would be a great start. Rudy was saying that once one state falls other may go easier..
Watch that documentary. People can come back and tell us that these agencies would not assist in voter fraud. look at what they did with Russian lie.
I have read the original Nov 9 complaint by the Trump Team
https://cdn.donaldjtrump.com/public-files/press_assets/2020-11-09-complaint-as-filed.pdf
And I have read the Nov 27 opinion by the 3rd Circuit Panel.
If other FReepers have read the Trump Team Amended Complaints and the Opinion by the District Judge, it would be good to post the links to those documents as well.
You would think with registered voters and amount of votes would be enough proof alone.
If you hate to say it, then why say it? We are in the middle of a war. It is a critical time. Defeatism is not helpful. We are going to win this.
I’m a little confused, & would be grateful for clarification. How to reconcile the hopeful news in the above article with the appellate court tossing the PA lawsuit recently?
I know the appellate dismissal puts the PA matter on a fast track to the Supremes, but the above-referenced judge stopping certification makes it sound like the PA case is still alive.
Thanks in advance. So many cases going simultaneously in multiple states that it’s impossible to keep everything straight.
Yes, why isn’t Mr Biden being asked to concede for the good of the country?
Look man, they had to have practically everyone involved or playing supporting roles, poll workers, about the whole chain of command in some instances, politicians, programmers, media, foreigners, registered and unregistered voters, check writers, check takers, the list probably goes on and on, some involved for days, weeks, months, years in the planning and then carrying it out to try to win an election.
How did Jack let that happen?
“Rudy was saying that once one state falls other may go easier.”
Bannon has said that often, i.e., that all it takes is for one to fall, then the others will. On War Room yesterday, Rudy said that people in other states have actually told him that they’re waiting for to be successful, and then they’re on board. Nobody wants to go first, though. Feckless unprincipled wimps.
“why isn’t Mr Biden being asked to concede for the good of the country?”
I’ve said for a week that we need to scream for Biden’s concession speech.
Ugh. English is a dying language. Likihood does not mean likely.
This is the PA republican lawsuit not the Trump Lawsuit
and here is the PA constitution wording on absentee ballots.
§ 14. Absentee voting.
(a) The Legislature shall, by general law, provide a manner in
which, and the time and place at which, qualified electors who
may, on the occurrence of any election, be absent from the
municipality of their residence, because their duties, occupation
or business require them to be elsewhere or who, on the occurrence
of any election, are unable to attend at their proper polling
places because of illness or physical disability or who will not
attend a polling place because of the observance of a religious
holiday or who cannot vote because of election day duties, in the
case of a county employee, may vote, and for the return and
canvass of their votes in the election district in which they
respectively reside.
(b) For purposes of this section, “municipality” means a city,
borough, incorporated town, township or any similar general
purpose unit of government which may be created by the General
Assembly.
(Nov. 5, 1957, P.L.1019, J.R.1; May 16, 1967, P.L.1048, J.R.5;
Nov. 5, 1985, P.L.555, J.R.1; Nov. 4, 1997, P.L.636, J.R.3)
11/28/2020 CONSTITUTION OF PENNSYLVANIA
file:///E:/Documents/government/CONSTITUTION OF PENNSYLVANIA.html 54/76
1967 Amendment. Joint Resolution No.5 renumbered former
section 14 to present section 11 and amended and renumbered former
section 19 to present section 14. 1957 Amendment. Joint
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.