As expected, Pennsylvania Supreme Court throws out Trump team’s challenge to mail-in ballots: The ball is now in the court of the Supreme Court of the United States, Can we expect justice?

American Thinker ^ | 11/29/2020 | Thomas Lifson

[SeekAndFind]

The ball is now in the court of the Supreme Court of the United States, with the Pennsylvania Supreme Court throwing out a big victory for the Trump legal team. The top court of the Keystone State has a terrible track record, allowing changes in election law that the state legislature did not authorize, so this story from the AP is no surprise:

Pennsylvania’s highest court on Saturday night threw out a lower court’s order preventing the state from certifying dozens of contests on its Nov. 3 election ballot in the latest lawsuit filed by Republicans who are attempting to block the victory of President-elect Joe Biden in the battleground state.

The state Supreme Court, in a unanimous decision, threw out the three-day-old order, saying the underlying lawsuit was filed months after the expiration of a time limit in Pennsylvania’s expansive year-old mail-in voting law allowing for challenges to it.

Mark Levin is scathing in his response:

Twitter screengrab

One good thing about the state supreme court’s action is that it was so prompt, allowing time for appeal to the Supreme Court of the United States.

But in a lengthy post, William A. Jacobson of Legal Insurrection expresses pessimism about whether the Supreme Court of the United States will take up the case.

Two things are possible: The mail-in procedures violated the PA Constitution, and the petitioners waited too long to raise that objection. As I’ve written many times, one of the Republican legal problems in these litigations is what the remedy would be. Throwing the case to the legislature based on the mail-in procedure after the vote is asking alot, perhaps too much.

[TheBattman]

Based on President Trump’s statements today, he is actually deflated in his tone... and doesn’t come across so certain.

[lightman]

Pennsylvania Ping!

Please ping me with articles of interest.

FReepmail me to be added to the list.

[ronnie raygun]

Those who have sided with he enemy, 80 million Americans will be at thier door step

[Fiddlstix]

....As expected, Pennsylvania Supreme Court throws out Trump team’s challenge to mail-in ballots: The ball is now in the court of the Supreme Court of the United States, Can we expect justice?


Not As Long As Roberts Is Chief Justice!!

[FreeReign]

The crappy PA SC "decision" seems to have put a crimp on Mastriano's plans. Mastriano didn't sound as confident on F&F this morning as he did earlier.

And close of business Monday is when the PA legislature turns into a pumpkin. Mastriano seemed to imply that the PA legislators now really need a USSC decision to give them the courage to move forward. Unfortunately, there doesn't appear to be time for that.

[Extremely Extreme Extremist]

This reminds me of the corrupt FL Supremes in 2000.

[Liberal Bob]

The American justice system does not deal out justice anymore, it deals out judicial commentary. After this Americans will never be able to trust their elections again we no longer will have a true democracy.
Like California, we have a one party system controlled by the Elite.

[PIF]

Can we expect justice?

—
nope. You **may** get it, but don’t expect it.

[Steelfish]

We do have four Justices of the US Supreme Court who have already expressed concern with the Pennsylvania Supreme Court’s election law jurisprudence — specifically with regard to its decision changing the plain text of an election law statute after the General Assembly had refused to pass an amendment with the changes. Court precedent is solid in that under the Electors and Elections Clause only the state legislature (not executive officials) may determine the manner of Presidential electors.
https://www.supremecourt.gov/opinions/20pdf/20-542_i3dj.pdf

By the same logic, the legislature may exercise this responsibility only lawfully in accordance with the PA state constitution. The lower court found PA’s Act 77 that allowed for no excuse mail-in ballots a “plain” violation of the state constitution. On Nov. 27, PA SC overruled this decision on grounds of laches- i.e. Plaintiffs had waited well over a year to challenge this statute.

However, by the logic of Justice Alito and three other Justices, (the Court then was divided 4-4) mail-in ballots in violation of state Elections Code would be declared unconstitutional under the Electors Clause. This would almost certainly change the ballot counts in PA and MI.

[White Lives Matter]

Correct! Bush lost all cases in Florida until the United States Supreme Court stepped in. This is no different.

[bigbob]

Cheating happens all the time and people get away with it. Not always, not forever, no way to predict.

Look at how long Bernie Madoff cheated people, then got caught. If the democrats cheated and end up stealing this election, only fools think this is the end of the outrage, lawsuits, and our own insurrection. If the fraudulent results are allowed to stand Trump will leave office, but that will not mean the democrats have “won” in the long term. In fact they may end up losing more than they can even dream.

[irishjuggler]

Roberts is a near certain lock to shut down any challenges and declare election over. I also have minimal faith in Kav who’s very much an establishment guy who enjoys being in the good graces of the Harvard/Yale crowd.

[SeekAndFind]

RE: Mastriano didn’t sound as confident on F&F this morning as he did earlier.

Well, if even King Leonidas is uncertain and not confident, guess what the other Spartans will feel ...

[SeekAndFind]

RE: I also have minimal faith in Kav who’s very much an establishment guy who enjoys being in the good graces of the Harvard/Yale crowd.

And why would he do that after what the Harvard/Yale crowd did to him?

[Meatspace]

It’s best to throw these lower court cases and grease the skids to the Supreme Court.

In other words, this is a victory.

[BradyLS]

Zackly.

[irishjuggler]

That’s certainly how I’d feel. 8 hold grudges. And I’d love to be wrong about Kav but I know his frat guy type. But you can kick the boy out of the establishment but it’s harder to kick the establishment out of the boy. They treated him like garbage but I suspect part of him would like to get back in their good graces if given half a chance

[Deepeasttx]

General Patton never should have given up that Spear of Destiny!

He would still he alive and we wouldn’t be in this mess.

https://www.tampabay.com/the-weird-mystical-tale-behind-the-band-and-name-spear-of-destiny/2332713/

[Steve Van Doorn]

said, "Plaintiffs had waited well over a year to challenge this statute"

no she didn't.
Kathy Boockvar first filed this July 13 2020. it was the Supreme Court of Pennsylvania and Gov. Tom Wolf that held it up until October

August 17, 2020 Gov. Tom Wolf seems to have delayed the case https://apnews.com/article/election-2020-pennsylvania-lawsuits-pittsburgh-elections-b9fde1310fd296c69c5636baf4201f4a

Events that give a time line of this case
https://www.scotusblog.com/election-litigation/pennsylvania-democratic-party-v-boockvar/