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SCOTUS plays Catch 22 with challenges to Pennsylvania election: Court has signaled that anything goes when it comes to jiggering election rules in favor of the Democrats
American Thinker ^ | 02/23/2021 | Thomas Lifson

Posted on 02/23/2021 6:34:40 AM PST by SeekAndFind

The Supreme has signaled that anything goes when it comes to jiggering election rules in favor of the Democrats.  Challenge illegalities in the last election with a good case, and you're stuck in a classic Catch-22 situation, as Ace pithily sums it up:

Before the inauguration: Not timely

After the certification: Moot

The two cases the Court declined to hear challenged the last-minute changes to election law in Pennsylvania.  Never mind that the U.S. Constitution explicitly gives state legislatures the power to prescribe "The Times, Places and Manner of holding Elections for Senators and Representatives"; the Supreme Court just allowed the Pennsylvania Supreme Court to change the rules for the November 2020 federal election by declaring the case moot.

Justices Thomas and Alito wrote dissenting opinions, with Justice Gorsuch concurring with Alito.  Tyler O'Neil summarizes:

Thomas argued that the cases Republican Party of Pennsylvania v. Veronica DeGraffenreid (2021) and Jake Corman v. Pennsylvania Democratic Party (2021) presented "a clear example" of election law issues that the Supreme Court should put to rest. "The Pennsylvania Legislature established an unambiguous deadline for receiving mail-in ballots: 8 p.m. on election day. Dissatisfied, the Pennsylvania Supreme Court extended that deadline by three days."

"That decision to rewrite the rules seems to have affected too few ballots to change the outcome of any federal election. But that may not be the case in the future," Thomas argued. "These cases provide us with an ideal opportunity to address just what authority nonlegislative officials have to set election rules, and to do so well before the next election cycle. The refusal to do so is inexplicable."


(Excerpt) Read more at americanthinker.com ...


TOPICS: Constitution/Conservatism; Government; Politics/Elections; US: Pennsylvania
KEYWORDS: electionfraud; pennsylvania; scotus
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To: alstewartfan
“Barrett has proved to be a whimpering coward.”

Although I ultimately supported her, I had my doubts due to her adopted Haitian kids possibly indicating she was too much of a do gooder. Sadly, turns out I was right.

41 posted on 02/23/2021 7:23:11 AM PST by libstripper
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To: fatima; Fresh Wind; st.eqed; xsmommy; House Atreides; Nowhere Man; PaulZe; brityank; Physicist; ...

Pennsylvania Ping!

Please ping me with articles of interest.

FReepmail me to be added to the list.

42 posted on 02/23/2021 7:24:03 AM PST by lightman (I am a binary Trinitarian. Deal with it!)
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To: IrishBrigade

There were more drop boxes placed in Dem areas (paid for by Zuckerberg) than in GOP areas. Equal protection violation and private interference in elections.


43 posted on 02/23/2021 7:24:27 AM PST by olivia3boys
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To: PIF

If they voted against Trump in 2016 and again in 2020 then they haven’t voted Republican for president in over 10 years (and even longer for a WINNING Republican candidate as President) so they can’t call themselves “Republicans”.


44 posted on 02/23/2021 7:27:33 AM PST by a fool in paradise (Lean on Joe Biden to follow Donald Trump's example and donate his annual salary to charity. )
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To: Reily
Also the easier fix is by primarying the timid GOP state legislators.

Dominion will insure ONLY GOP-E candidates will "win" primaries...but ultimately lose to the DNC/CCP candidate.

45 posted on 02/23/2021 7:27:37 AM PST by newfreep (“Leftism, under all of its brand names, is a severe, violent & evil mental disorder.”)
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To: SeekAndFind

The GOP needs to hire its own thugs to stuff ballot boxes and beat up liberals to keep them away. Works for democrats.


46 posted on 02/23/2021 7:27:49 AM PST by CodeToad (Arm Up! They Have!)
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To: logi_cal869
2 choices remain:
1. Cheat as well, 2. Take violent recriminations against domestic enemies of the Constitution.
Choose...


I am surprised that this has remained peaceful so far. There still are other options.

1. Economic boycott: Refusing to spend money for unessential items, especially Chinese made goods, and not buying from "Big Box" stores.
2. Tax protest: Denying an illegal government revenue. The United States was founded by events like the Boston Tea Party. If the elections were fraudulent, and I mean not just for the presidency, then we have taxation without representation, and that should be addressed. In reality, most working people are wage slaves and the government takes its money from the employer. Tax liens on property are not to be ignored lightly.
3. A constitutional convention: A con-con or CC, enables the states to reign in Swamp. It's our last peaceful option as the election process will become even more corrupt as Dems push expanding vote by mail, mass immigration, and amnesty with citizenship. Any Republican with any intelligence understands unless this is addressed, the party won't win again. Independents and some Dems get it too. We need 34 state legislatures to call the convention, and 38 to approve the amendments. We need to work for this.

The Second Amendment is the last defense and it is threatened. Keep buying guns and ammo just in case, and because it is a right, no a privilege.
47 posted on 02/23/2021 7:27:50 AM PST by Dr. Franklin ("A republic, if you can keep it.")
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To: SeekAndFind

Calling balls and strikes eh?


48 posted on 02/23/2021 7:30:38 AM PST by oldbrowser (Right is right.)
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To: Alberta's Child
Enforcing voting rights is one thing, but the SCOTUS has no constitutional authority to tell a state how to certify its electors.
1. The SCOTUS took the 2000 case only because of the one question related to uniform ballot-counting standards.
Well you contradicted yourself there. Try "SCOTUS took the 2000 case only because it would guarantee Bush a win". Trump's cases prove there was no precedent, just the law for one election and one candidate. Bush was above the law, and Trump is beneath it. Thus, no "equal justice under law" like it reads on the SCOTUS building. That's all just a facade for what really happens there.

I never liked the Bush v. Gore ruling. In a contested election it becomes an adversarial proceeding. If you think your candidate got shorted votes somewhere, a protest needs to be filed there. Demanding that a whole state be recounted just ups the cost of finding errors or fraud in one place.
49 posted on 02/23/2021 7:38:24 AM PST by Dr. Franklin ("A republic, if you can keep it.")
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To: SeekAndFind

The legislatures in each of the states in question had the opportunity to fix their voting problems. They did not. Now all they can do is make the fixes ahead of 2022.

What this tells us is that the Roberts court expects other institutions to clean up their own messes.


50 posted on 02/23/2021 7:50:15 AM PST by lurk ( )
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To: Dr. Franklin
I didn't contradict myself. I probably wasn't clear.

1. The Supreme Court had a legitimate role in taking on the case as a "voting rights" case when the Democrats tried to apply different recount standards in certain parts of the state.

2. The Supreme Court went off the rails when it got involved in the "remedy" part of the decision. It reached the correct decision (by a narrow 5-4 margin) in allowing Florida to certify its electors immediately instead of delaying the electoral vote process for the entire country while Florida conducted a uniform recount statewide, but it never should have weighed in on that question at all.

51 posted on 02/23/2021 7:56:02 AM PST by Alberta's Child ("And once in a night I dreamed you were there; I canceled my flight from going nowhere.")
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To: old curmudgeon

That would be Clarence (not Charles) Thomas


52 posted on 02/23/2021 8:17:59 AM PST by JohnnyP (Thinking is hard work (I stole that from Rush).)
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To: alstewartfan

53 posted on 02/23/2021 8:37:01 AM PST by Carriage Hill (A society grows great when old men plant trees, in whose shade they know they will never sit.)
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To: carriage_hill

Yep, just awful.


54 posted on 02/23/2021 8:38:47 AM PST by 1Old Pro
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To: Alberta's Child
but it never should have weighed in on that question at all.

That leads to the "why?" question. Cui bono? In both cases the answer is the Bush family.
55 posted on 02/23/2021 8:44:51 AM PST by Dr. Franklin ("A republic, if you can keep it.")
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To: SeekAndFind

Too few ballots to change the outcome of any federal election.

Guess they missed the 3am and 6am spikes that was impossible per the number crunchers.
Corruption approved by the yellow robes.


56 posted on 02/23/2021 9:09:53 AM PST by Vaduz (women and children to be impacIQ of chimpsted the most.)
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To: SeekAndFind

The UniParty always wins

The electoral process has been formally corrupted since 1984. The “image’ of the Left as an honest political wing in the USA has been driven by the media.

Since 1984 the control of media outlets has dropped from over 50 different organizations to just 6 today. The product of that consolidation is an ILLUSION of a “powerful Left wing”, a manufactured progressive consensus that has usurped political power it has no business with honestly. “honest” votes for Biden/the Left were 30-35 million. At most.

The problems originate in corrupted, local electoral precincts in deep Blue urban centers. These NEED to be cleaned. Nobody desires the dirty job. Part of “redistricting” projects, BTW, is to create regions and social environments permitting unfettered and unhindered electoral Fraud.

Think parts of cities where Republicans fear to tread. No bipartisan voting observers. If any Republican observers, or even voters show up,they are threatened. This is the beginning process of turning a Red state Purple.

This article provides a glimpse into exactly this process going on in Philadelphia in 2009

https://www.heritage.org/commentary/voter-intimidation-new-black-panther-style

There are more of “us” than “them” A whole lot more

Its all kayfabe. Its what they want you to believe, its what they want you to “feel”

https://en.wikipedia.org/wiki/Kayfabe

What the left has done, ever since the 1984 Reagan-Mondale blowout - (and Mondale was a “moderate” Democrat!) - is to start electoral fraud programs in the largest states to turn them from Red-to-Purple-to Blue. They realized they had no future otherwise. It started in California and New York.

This last election cycle local Texans managed to turn it around at the precinct level-their RINO Governor not withstanding.

Extreme involvement in your local precincts and making sure paper balloting on ELECTION DAY, with hand counts and recounts in a transparent fashion and setting with open audit trails available to the general public, among other measures-are key.

Its dirty, tough work and initially confrontational with the existing perps. As the above article illustrates, it will be dangerous. But it beats the heck outta the alternatives -which are bearing down like a runaway freight train

The left has focused on corrupting our local electoral process. They focus on the deep urban centers. This process of corruption is very active presently in Georgia, using Atlanta as its base, the last 2 election cycles. This process is seditious.

We the People have no future otherwise. These people INTEND to “rule”

The benefits of this process created the UniParty which is WHY this has been allowed to mature.


57 posted on 02/23/2021 9:11:09 AM PST by mo ("If you understand, no explanation is needed; if you don't understand, no explanation is possible)
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To: Dr. Franklin

Bush would have won Florida in 2000 even if the Supreme Court never said anything about the Florida certification process. The Florida legislature was going to certify the Bush slate of electors anyway.


58 posted on 02/23/2021 9:38:14 AM PST by Alberta's Child ("And once in a night I dreamed you were there; I canceled my flight from going nowhere.")
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To: Article10

Go for the 4th option and take the Good Behaviour clause in Article 3 literally as meaning just that, Good Behaviour, and start firing judges who took an oath to uphold to defend the constitution and don’t. To me that is “Bad Behaviour” and a job killer for them. Leave impeachment to only judges that are elected. Anyone appointed, unappoint like every cabinet nominee is. Time to start stripping judges of thier powers. Wanna keep your job? Follow the law and the constitution.


59 posted on 02/23/2021 10:08:28 AM PST by The MAGA-Deplorian (Sarcasm. It's my only natural defense against stupidity!)
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To: SeekAndFind
I've been posting this on several threads, as it seems relevant.

Here's how the legal system actually works today:

  1. Suits prior to the election - Speculative. The court does not accept or entertain speculative cases. The merits of the case are not considered.

  2. Suits during the election - Ripeness. The suit is not ripe. The court will not accept or entertain cases that fail the 'ripeness' test. The merits of the case are not considered.

  3. Suits after the election - Moot. The suit is moot as the election has been accepted by the political process. The court will not accept or entertail cases that are moot. The merits of the case are not considered. The court lets you have the illusion of justice.

We're in stage 3 now.
60 posted on 02/23/2021 11:20:08 AM PST by zeugma (Stop deluding yourself that America is still a free country.)
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