PA Trial Court Halts Certification: Finds the Election Unconstitutional

[meaner gene]

Based upon the record before it, this Court has sufficient grounds to enjoin Respondents from further certification activities on an emergency preliminary basis, pending the results of the evidentiary hearing it had scheduled for this date, after which the Court would have determined if a preliminary injunction should issue. Since the Court is sitting in equity it has the power to fashion such relief as it is vitally important that the status quo be preserved pending further judicial scrutiny….

This the kind of case Roberts likes. It's a technical matter with direct Constitutional ramifications.

Thheir claim the main-in ballot scheme is unconstitution is wrong, since it relies on their having amended the absentee ballot section of their election law, which must comply with the PA constitution.

Instead they wrote a new section, that had no constitutional restraints.

This is a state issue, and the federal courts have no reason to step in. This is interpretation of PA law and the PA constitution, which is up the the PA supreme court.

 

[Norman]

Based upon the record before it, this Court has sufficient grounds to enjoin Respondents from further certification activities on an emergency preliminary basis, pending the results of the evidentiary hearing it had scheduled for this date, after which the Court would have determined if a preliminary injunction should issue. Since the Court is sitting in equity it has the power to fashion such relief as it is vitally important that the status quo be preserved pending further judicial scrutiny….

This the kind of case Roberts likes. It's a technical matter with direct Constitutional ramifications.

Thheir claim the main-in ballot scheme is unconstitution is wrong, since it relies on their having amended the absentee ballot section of their election law, which must comply with the PA constitution.

Instead they wrote a new section, that had no constitutional restraints.

This is a state issue, and the federal courts have no reason to step in. This is interpretation of PA law and the PA constitution, which is up the the PA supreme court.

This is absurd on its face... as if writing new law is different than amending an old law. It's not tied to the specific law at all.

 

[meaner gene]

Thheir claim the main-in ballot scheme is unconstitution is wrong, since it relies on their having amended the absentee ballot section of their election law, which must comply with the PA constitution.

Instead they wrote a new section, that had no constitutional restraints.

This is absurd on its face... as if writing new law is different than amending an old law. It's not tied to the specific law at all.

I love Fauns answer how a mail-in ballot, has nothing to do with an absentee ballot.

From the PA election law

(z.6) The words "qualified mail-in elector" shall mean a qualified elector who is not a qualified absentee elector.

 

[meaner gene]

Breaking News: PA Supreme court throws out the case trying to invalidate mail-in ballots

 

[AceRothstein]

Breaking News: PA Supreme court throws out the case trying to invalidate mail-in ballots

https://www.democracydocket.com/wp-content/uploads/sites/45/2020/11/68MAP2020pco-104617959120808426.pdf

 

[meaner gene]

Pa. Supreme Court Dismisses Request From Mike Kelly And Sean Parnell To Declare Mail-In Voting Unconstitutional In State, Deny Results From 2020 Election Mail-In Ballots

The PA Supreme Court has dismissed the Mike Kelly-Sean Parnell lawsuit that wanted to disqualify millions of no-excuse mail-in votes in the state.

pittsburgh.cbslocal.com

Pa. Supreme Court Dismisses Request From Mike Kelly And Sean Parnell To Declare Mail-In Voting Unconstitutional In State, Deny Results From 2020 Election Mail-In Ballots

They alleged the provisions that allowed all qualified electors to vote by mail in Pennsylvania were unconstitutional. They called for mail-in ballots that they alleged did not meet “constitutional requirements” to not be certified and for only “legal votes” to be certified, or for the Pennsylvania General Assembly to choose the electors and compensate the legal costs of the plaintiffs.

 

[L.K.Eder]

The state Supreme Court dismissed the case on Saturday, based on the “Petitioners’ failure to file their facial constitutional challenge in a timely manner.”

 

[meaner gene]

https://www.democracydocket.com/wp-content/uploads/sites/45/2020/11/68MAP2020pco-104617959120808426.pdf

PER CURIAM

AND NOW, this 28th day of November, 2020, pursuant to 42 Pa.C.S. § 726,1 we GRANT the application for extraordinary jurisdiction filed by the Commonwealth of Pennsylvania, Governor Thomas W. Wolf, and Secretary of the Commonwealth Kathy Boockvar (“Commonwealth”), VACATE the Commonwealth Court’s order preliminarily enjoining the Commonwealth from taking any further action regarding the certification of the results of the 2020 General Election, and DISMISS WITH PREJUDICE the petition for review filed by the Honorable Mike Kelly, Sean Parnell, Thomas A. Frank, Nancy Kierzek, Derek Magee, Robin Sauter, and Wanda Logan (“Petitioners”). All other outstanding motions are DISMISSED AS MOOT.

 

[L.K.Eder]

https://www.democracydocket.com/wp-content/uploads/sites/45/2020/11/68MAP2020pco-104617959120808426.pdf

PER CURIAM

AND NOW, this 28th day of November, 2020, pursuant to 42 Pa.C.S. § 726,1 we GRANT the application for extraordinary jurisdiction filed by the Commonwealth of Pennsylvania, Governor Thomas W. Wolf, and Secretary of the Commonwealth Kathy Boockvar (“Commonwealth”), VACATE the Commonwealth Court’s order preliminarily enjoining the Commonwealth from taking any further action regarding the certification of the results of the 2020 General Election, and DISMISS WITH PREJUDICE the petition for review filed by the Honorable Mike Kelly, Sean Parnell, Thomas A. Frank, Nancy Kierzek, Derek Magee, Robin Sauter, and Wanda Logan (“Petitioners”). All other outstanding motions are DISMISSED AS MOOT.

Petitioners’ challenge violates the doctrine of laches given their complete failure to act with due diligence in commencing their facial constitutional challenge, which was ascertainable upon Act 77’s enactment.


hahaha. only trumptards might be surprised.

 

[Contumacious]

https://www.democracydocket.com/wp-content/uploads/sites/45/2020/11/68MAP2020pco-104617959120808426.pdf

PER CURIAM

AND NOW, this 28th day of November, 2020, pursuant to 42 Pa.C.S. § 726,1 we GRANT the application for extraordinary jurisdiction filed by the Commonwealth of Pennsylvania, Governor Thomas W. Wolf, and Secretary of the Commonwealth Kathy Boockvar (“Commonwealth”), VACATE the Commonwealth Court’s order preliminarily enjoining the Commonwealth from taking any further action regarding the certification of the results of the 2020 General Election, and DISMISS WITH PREJUDICE the petition for review filed by the Honorable Mike Kelly, Sean Parnell, Thomas A. Frank, Nancy Kierzek, Derek Magee, Robin Sauter, and Wanda Logan (“Petitioners”). All other outstanding motions are DISMISSED AS MOOT.

A Bullshit political ruling because Kathy Bockvar's jurisdiction can be challenge at ANY TIME and election statutes are not amended by Laches. Specially when the statute itself - Section 13(3) of Act 77, provides for a 180-day period in which constitutional challenges may be commenced,

The Pennsylvania Supreme Court will be reversed by SCOTUS

 

[AceRothstein]

https://www.democracydocket.com/wp-content/uploads/sites/45/2020/11/68MAP2020pco-104617959120808426.pdf

PER CURIAM

AND NOW, this 28th day of November, 2020, pursuant to 42 Pa.C.S. § 726,1 we GRANT the application for extraordinary jurisdiction filed by the Commonwealth of Pennsylvania, Governor Thomas W. Wolf, and Secretary of the Commonwealth Kathy Boockvar (“Commonwealth”), VACATE the Commonwealth Court’s order preliminarily enjoining the Commonwealth from taking any further action regarding the certification of the results of the 2020 General Election, and DISMISS WITH PREJUDICE the petition for review filed by the Honorable Mike Kelly, Sean Parnell, Thomas A. Frank, Nancy Kierzek, Derek Magee, Robin Sauter, and Wanda Logan (“Petitioners”). All other outstanding motions are DISMISSED AS MOOT.

A Bullshit political ruling because Kathy Bockvar's jurisdiction can be challenge at ANY TIME and election statutes are not amended by Laches. Specially when the statute itself - Section 13(3) of Act 77, provides for a 180-day period in which constitutional challenges may be commenced,

The Pennsylvania Supreme Court will be reversed by SCOTUS

You know that act is over a year old and well outside of the 180 day window, right?

 

[colfax_m]

Well that was a fun couple of days. What’s next in the “Trump supporters try to disenfranchise millions of people” game?

 

[L.K.Eder]

https://www.democracydocket.com/wp-content/uploads/sites/45/2020/11/68MAP2020pco-104617959120808426.pdf

PER CURIAM

AND NOW, this 28th day of November, 2020, pursuant to 42 Pa.C.S. § 726,1 we GRANT the application for extraordinary jurisdiction filed by the Commonwealth of Pennsylvania, Governor Thomas W. Wolf, and Secretary of the Commonwealth Kathy Boockvar (“Commonwealth”), VACATE the Commonwealth Court’s order preliminarily enjoining the Commonwealth from taking any further action regarding the certification of the results of the 2020 General Election, and DISMISS WITH PREJUDICE the petition for review filed by the Honorable Mike Kelly, Sean Parnell, Thomas A. Frank, Nancy Kierzek, Derek Magee, Robin Sauter, and Wanda Logan (“Petitioners”). All other outstanding motions are DISMISSED AS MOOT.

A Bullshit political ruling because Kathy Bockvar's jurisdiction can be challenge at ANY TIME and election statutes are not amended by Laches. Specially when the statute itself - Section 13(3) of Act 77, provides for a 180-day period in which constitutional challenges may be commenced,

The Pennsylvania Supreme Court will be reversed by SCOTUS

why are you wasting your time here. with your expertise you could be a member of trump's legal team and make major bucks,




if trump does not stiff you. lol

 

[Fort Fun Indiana]

https://www.democracydocket.com/wp-content/uploads/sites/45/2020/11/68MAP2020pco-104617959120808426.pdf

PER CURIAM

AND NOW, this 28th day of November, 2020, pursuant to 42 Pa.C.S. § 726,1 we GRANT the application for extraordinary jurisdiction filed by the Commonwealth of Pennsylvania, Governor Thomas W. Wolf, and Secretary of the Commonwealth Kathy Boockvar (“Commonwealth”), VACATE the Commonwealth Court’s order preliminarily enjoining the Commonwealth from taking any further action regarding the certification of the results of the 2020 General Election, and DISMISS WITH PREJUDICE the petition for review filed by the Honorable Mike Kelly, Sean Parnell, Thomas A. Frank, Nancy Kierzek, Derek Magee, Robin Sauter, and Wanda Logan (“Petitioners”). All other outstanding motions are DISMISSED AS MOOT.

A Bullshit political ruling because Kathy Bockvar's jurisdiction can be challenge at ANY TIME and election statutes are not amended by Laches. Specially when the statute itself - Section 13(3) of Act 77, provides for a 180-day period in which constitutional challenges may be commenced,

The Pennsylvania Supreme Court will be reversed by SCOTUS

"Bullshit ruling"

Haha, as predicted. You cultists have promised us this would all be shown in court. Now you are getting laughed out of the courts, and so you say the rulings are all bullshit. There is no "next step". You're done.

 

[meaner gene]

The Pennsylvania Supreme Court will be reversed by SCOTUS

You know that act is over a year old and well outside of the 180 day window, right?

Plus the act itself is constitutional as an addition to the voting law, without changing the absentee ballot provisions of the PA constitution.

But one axiom in law is, to dispose of a case on the most expedient grounds. If they can dismiss on principles like standing, jurisdiction or time limitations, they will do so without even investigating the merits of the case.

I think they could have thrown it out on it's merits, but hat would have taken them a lot longer to rule on.

 

[Norman]

https://www.democracydocket.com/wp-content/uploads/sites/45/2020/11/68MAP2020pco-104617959120808426.pdf

PER CURIAM

AND NOW, this 28th day of November, 2020, pursuant to 42 Pa.C.S. § 726,1 we GRANT the application for extraordinary jurisdiction filed by the Commonwealth of Pennsylvania, Governor Thomas W. Wolf, and Secretary of the Commonwealth Kathy Boockvar (“Commonwealth”), VACATE the Commonwealth Court’s order preliminarily enjoining the Commonwealth from taking any further action regarding the certification of the results of the 2020 General Election, and DISMISS WITH PREJUDICE the petition for review filed by the Honorable Mike Kelly, Sean Parnell, Thomas A. Frank, Nancy Kierzek, Derek Magee, Robin Sauter, and Wanda Logan (“Petitioners”). All other outstanding motions are DISMISSED AS MOOT.

A Bullshit political ruling because Kathy Bockvar's jurisdiction can be challenge at ANY TIME and election statutes are not amended by Laches. Specially when the statute itself - Section 13(3) of Act 77, provides for a 180-day period in which constitutional challenges may be commenced,

The Pennsylvania Supreme Court will be reversed by SCOTUS

Yes... bullshit law saying when the bullshit law can be challenged has not much weight in it.

 

[Fort Fun Indiana]

https://www.democracydocket.com/wp-content/uploads/sites/45/2020/11/68MAP2020pco-104617959120808426.pdf

PER CURIAM

AND NOW, this 28th day of November, 2020, pursuant to 42 Pa.C.S. § 726,1 we GRANT the application for extraordinary jurisdiction filed by the Commonwealth of Pennsylvania, Governor Thomas W. Wolf, and Secretary of the Commonwealth Kathy Boockvar (“Commonwealth”), VACATE the Commonwealth Court’s order preliminarily enjoining the Commonwealth from taking any further action regarding the certification of the results of the 2020 General Election, and DISMISS WITH PREJUDICE the petition for review filed by the Honorable Mike Kelly, Sean Parnell, Thomas A. Frank, Nancy Kierzek, Derek Magee, Robin Sauter, and Wanda Logan (“Petitioners”). All other outstanding motions are DISMISSED AS MOOT.

A Bullshit political ruling because Kathy Bockvar's jurisdiction can be challenge at ANY TIME and election statutes are not amended by Laches. Specially when the statute itself - Section 13(3) of Act 77, provides for a 180-day period in which constitutional challenges may be commenced,

The Pennsylvania Supreme Court will be reversed by SCOTUS

Yes... bullshit law saying when the bullshit law can be challenged has not much weight in it.

You can stop whining, now. This thread is officially deceased. Time for you to flit on to the next desperate nugget of cultish goofiness.

 

[meaner gene]

The Pennsylvania Supreme Court will be reversed by SCOTUS

Yes... bullshit law saying when the bullshit law can be challenged has not much weight in it.

No different than the statues of limitations the federal government imposes on itself. Or the time limits of the Speedy Trials Act 1974 - 18 USC 3161

 

[Norman]

The Pennsylvania Supreme Court will be reversed by SCOTUS

Yes... bullshit law saying when the bullshit law can be challenged has not much weight in it.

No different than the statues of limitations the federal government imposes on itself. Or the time limits of the Speedy Trials Act 1974 - 18 USC 3161

Bullshit, that's not what they even argued, as they directly state:

"While the Commonwealth also relies upon Section 13(3) of Act 77, providing for a 180- day period in which constitutional challenges may be commenced, given our reliance upon the doctrine of laches, we do not speak to this basis for dismissal. "

Supreme court it is.

 

[colfax_m]

The Pennsylvania Supreme Court will be reversed by SCOTUS

Yes... bullshit law saying when the bullshit law can be challenged has not much weight in it.

No different than the statues of limitations the federal government imposes on itself. Or the time limits of the Speedy Trials Act 1974 - 18 USC 3161

Bullshit, that's not what they even argued, as they directly state:

"While the Commonwealth also relies upon Section 13(3) of Act 77, providing for a 180- day period in which constitutional challenges may be commenced, given our reliance upon the doctrine of laches, we do not speak to this basis for dismissal. "

Supreme court it is.

The Supreme Court is who just dismissed the case with prejudice.