Posted on 12/01/2020 10:37:50 PM PST by bitt
PA: Emergency Application for Writ of Injunction Pending the Filing and Disposition of a Petition for a Writ of Certiorari
to SCOTUS via Alito
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Apparently I will have to go to law school in order to translate that
I believe Alito will at least ask the other Supreme Court justices if there are at least 4 of them who want to take this case. I believe the Supreme Court will take this case.
When you ask the Supreme Court to review a decision of a lower court, you do so by filing a writ of certiorari. In this case, they’ve filed an emergency petition as the evidence is likely to be altered/destroyed (In legal speak, spoliated). You need to demonstrate an emergency where time will rob the party making the appeal, in that the evidence will be destroyed. Moreover, if the state certifies the results, and the electoral college meets, and certifies Biden as the winnner, it is hard to imagine there would be any recourse for trump.
In order to prevail for the highly unusual petition for an emergency injunction, the appealing party has to make a showing that they are likely to prevail on the appeal.
It should be noted that the Pennsylvania Supreme Court dismissed the case on the theory of “laches” which is a seldom used, and suspect legal theory. What it means is that the person who is seeking a judicial remedy, slept on their rights and have should have challenged the matter sooner. It’s essentially a type of “statute of limitations” which precludes a lawsuit, and is usually invoked only after, at the minimum of three years. It is almost never used, but courts have an almost unlimited ability to reject litigation on dozens of such technicalities, which allow too much leeway to the judges.
> Apparently I will have to go to law school in order to translate that
(just a non legal guess here, not a lawyer)
US Rep. mike kelly and friends request, with this USSC filing, to appeal, on an emergency basis) the PA SC vacating (a vacation? in any case, a reversal) of a lower PA court ruling (apparently favoring kelly) to enjoin (stop) certifying the 2020 PA election results at the preliminary level.
Thank you.
Im learning thanks
It is guaranteed that the four lefties will vote against it, the question is, are there still 5 justices that will vote for America and the Constitution {and their oath}.
Why do we always know how 4 justices will rule?
Can they really be judges, when a guy in PA can predict 97% of their votes {in advance}?
Thank you that was extremely helpful
Thank you!
Clearly expressed, clearly understood
Will they just rule on the laches and remand back to the PA court for the full unconstitutionality question?
The PA supreme court ruled against Kelly et all for laches. Saying they took to long to file and the voting has taken place which to undo would cause harm to the defendant. But a prior case was thrown out because the plaintiff lacked standing as there was no harm. Election hadn’t occurred yet. The scum on PA supreme court want it both ways. No one can sue before the election and anyone suing after the election waited too long. The supreme court could take the case, rule on the laches (timeliness) and remand back to the PA supreme to do their job and rule on the unconstitutionality of Act 77, the mail in ballot act.
Mark Levin brilliantly described in his recent podcast what the highly partisan Democrat PA Supreme Court has done.
The lawsuit had to wait for the election to have standing under PA law. When the election came and the lawsuit was filed, the PA Commonwealth Judge McCullough issued the injunction saying the lawsuit had merit to survive an appeal to SCOTUS. This Judge got it right.
But the injunction was overturned on appeal by the PA Supreme Court using the doctrine of laches (= unreasonable delay).
So this biased PA Supreme Court on the one hand says you have to wait and then after waiting they rule you waited too long.
So now it’s appealed to SCOTUS where 2/3’s of the brief attacks the PA Supreme Court’s use of laches.
thank you for those backgrounder details... wow, that PA SC ruling seems unjust to me and i would not trust the PA SC to do anything over a grudging minimum to get it off their docket if the USSC remanded the case back to them... argh...
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