PA Trial Court Halts Certification: Finds the Election Unconstitutional

Toro

Diamond Member
Joined
Sep 29, 2005
Messages
85,219
Reaction score
23,053
Points
2,180
Location
Surfing the Oceans of Liquidity

The Michigan Supreme Court ruling transgresses upon the following Federal Rights

"The petition presents the following questions: whether the Florida Supreme Court established new standards for resolving Presidential election contests, thereby violating Art. II, § 1, cl. 2, of the United States Constitution and failing to comply with 3 U. S. C. § 5, and whether the use of standardless manual recounts violates the Equal Protection and Due Process Clauses. With respect to the equal protection question, we find a violation of the Equal Protection Clause.

Bush v. Gore, 531 U.S. 98 (2000)

SCOTUS will reverse Michigan's politicians in black robes.
Yeah, the justices said their ruling in Bush v Gore couldn't be used as precedent.

Hey Lionel. I'm not a lawyer. I guess that means we have something in common rofl
 

Contumacious

Radical Freedom
Joined
Aug 16, 2009
Messages
19,726
Reaction score
2,438
Points
280
Location
Adjuntas, PR , USA

The Michigan Supreme Court ruling transgresses upon the following Federal Rights

"The petition presents the following questions: whether the Florida Supreme Court established new standards for resolving Presidential election contests, thereby violating Art. II, § 1, cl. 2, of the United States Constitution and failing to comply with 3 U. S. C. § 5, and whether the use of standardless manual recounts violates the Equal Protection and Due Process Clauses. With respect to the equal protection question, we find a violation of the Equal Protection Clause.

Bush v. Gore, 531 U.S. 98 (2000)

SCOTUS will reverse Michigan's politicians in black robes.
Yeah, the justices said their ruling in Bush v Gore couldn't be used as precedent.

Hey Lionel. I'm not a lawyer. I guess that means we have something in common rofl

And that's true WHY ?!?!?!?!?!?!?!!?


.
 

JimBowie1958

Old Fogey
Gold Supporting Member
Joined
Sep 25, 2011
Messages
63,590
Reaction score
16,612
Points
2,220
Why do you conservatives blindly accept the plaintiff's side of the case as gospel? You folks are pretty astute knowing that the media doesn't decide who wins elections but don't have a clue on who decides what's constitutional CONSTITUTIONAL and who does not. If I'm tone deaf then you're blind as a bat for not seeing that these clowns are pulling these lawsuits out from where the sun doesn't shine. And then you take them seriously. In baseball terms this will be just another failure at bat that will put the Trumpsters even further below the Mendoza Line.
We will see.

SCOTUS is the real court that might overturn things, as Trumps appointments are saying no to speed the process up to get to SCOTUS, IMO.
 

Faun

Diamond Member
Joined
Nov 14, 2011
Messages
71,961
Reaction score
13,191
Points
2,210
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
Nope. It means you can't sit on such a petition and then only use it because your side lost an election.
 

Care4all

Warrior Princess
Joined
Mar 24, 2007
Messages
56,716
Reaction score
15,125
Points
2,220
Location
Maine
Why do you conservatives blindly accept the plaintiff's side of the case as gospel? You folks are pretty astute knowing that the media doesn't decide who wins elections but don't have a clue on who decides what's constitutional CONSTITUTIONAL and who does not. If I'm tone deaf then you're blind as a bat for not seeing that these clowns are pulling these lawsuits out from where the sun doesn't shine. And then you take them seriously. In baseball terms this will be just another failure at bat that will put the Trumpsters even further below the Mendoza Line.
We will see.

SCOTUS is the real court that might overturn things, as Trumps appointments are saying no to speed the process up to get to SCOTUS, IMO.
They won't disenfranchise all the voters who were told by their gov't that it was okay to vote in the manner they voted.... just as they won't overturn the other elections that took place after act77...

The law may be struck down as unconstitutional in a court case after the election, we'll see on that....
 

Eric Arthur Blair

Platinum Member
Joined
Jul 21, 2015
Messages
19,001
Reaction score
9,450
Points
950
It is going to the Supreme Court and since Roberts has turned out to be a limp wristed douchebag, the victory will be 5 to 4.
Victory is so sweet! There may be a mess to clean up but it's all because Pennsylvania ignored their own laws
from the start. So let them worry about how to clean up their mess.
 
OP
Norman

Norman

Diamond Member
Joined
Sep 24, 2010
Messages
31,256
Reaction score
15,060
Points
1,590
Why do you conservatives blindly accept the plaintiff's side of the case as gospel? You folks are pretty astute knowing that the media doesn't decide who wins elections but don't have a clue on who decides what's constitutional CONSTITUTIONAL and who does not. If I'm tone deaf then you're blind as a bat for not seeing that these clowns are pulling these lawsuits out from where the sun doesn't shine. And then you take them seriously. In baseball terms this will be just another failure at bat that will put the Trumpsters even further below the Mendoza Line.
We will see.

SCOTUS is the real court that might overturn things, as Trumps appointments are saying no to speed the process up to get to SCOTUS, IMO.
They won't disenfranchise all the voters who were told by their gov't that it was okay to vote in the manner they voted.... just as they won't overturn the other elections that took place after act77...

The law may be struck down as unconstitutional in a court case after the election, we'll see on that....
This election is not over and there is an injury.

What their partisan court rules is irrelevant, it was set to go to SCOTUS from the start.
 

Eric Arthur Blair

Platinum Member
Joined
Jul 21, 2015
Messages
19,001
Reaction score
9,450
Points
950
Trump is 1-40 in court, you keep talking about "victories," and I'm the one who appears asinine?

Little early in the morning to be drinking, dontcha think?
Trump is 1-40 in court, you keep talking about "victories," and I'm the one who appears asinine?

Little early in the morning to be drinking, dontcha think?
You tell me, jackass.
Trump's biggest most proficient weapon, Sidney Powell is coming up and all these lower court rulings
have been appealed on up the chain. The court has five conservative judges, likely to love Powell's
pleadings and evidence, all carefully selected and documented.

Like Jesse Jackson says...keep hope alive, knob polisher! Pennsylvania is falling down and Georgia
is in the cross hairs. Wisconsin, Michigan, Arizona are all sure to fall also.
 

Faun

Diamond Member
Joined
Nov 14, 2011
Messages
71,961
Reaction score
13,191
Points
2,210
Trump is 1-40 in court, you keep talking about "victories," and I'm the one who appears asinine?

Little early in the morning to be drinking, dontcha think?
Trump is 1-40 in court, you keep talking about "victories," and I'm the one who appears asinine?

Little early in the morning to be drinking, dontcha think?
You tell me, jackass.
Trump's biggest most proficient weapon, Sidney Powell is coming up and all these lower court rulings
have been appealed on up the chain. The court has five conservative judges, likely to love Powell's
pleadings and evidence, all carefully selected and documented.

Like Jesse Jackson says...keep hope alive, knob polisher! Pennsylvania is falling down and Georgia
is in the cross hairs. Wisconsin, Michigan, Arizona are all sure to fall also.
Sydney Powell made a complete fool of herself, conflating Dominion with Smartmatic. So much so, team Trump kicked her to the curb. You're a moron for banking on her.
 

my2¢

So it goes
Gold Supporting Member
Joined
May 14, 2010
Messages
10,434
Reaction score
2,263
Points
290
Location
State 48
What their partisan court rules is irrelevant, it was set to go to SCOTUS from the start.
I'll give the plaintiffs enough credit to believe they saw this as a Hail Mary with little chance to fly. But if they proceed with the thought the US Supreme Court is going to waste a minute hearing this case then they're surely delusional.
 
OP
Norman

Norman

Diamond Member
Joined
Sep 24, 2010
Messages
31,256
Reaction score
15,060
Points
1,590
What their partisan court rules is irrelevant, it was set to go to SCOTUS from the start.
I'll give the plaintiffs enough credit to believe they saw this as a Hail Mary with little chance to fly. But if they proceed with the thought the US Supreme Court is going to waste a minute hearing this case then they're surely delusional.
You are delusional if you believe they won't hear it. They actually care that the law was upheld.
 

Zorro!

Gold Member
Joined
Apr 9, 2019
Messages
9,875
Reaction score
3,079
Points
335
PA Judge’s Stay Order On Certification Argues Mail-In Ballots Challenge “A Viable Claim”; Laches Doctrine May be In Play

The judge who ordered Pennsylvania to halt its election certification processes on Wednesday filed an opinion backing up the action yesterday. Judge Patricia McCullough argued that the plaintiffs’ argument that mass mail-in voting violates the state constitution is “viable,” and that a short delay won’t hurt while courts sort out the challenge.

Laches Doctrine comes into play in that this system has been used and not objected to, previously. That doesn't make it right, but, it does make it less likely that the unconstitutional mail in ballots will be thrown out. Your case is weakened if you keep quiet until you get an election result you don't like before objecting.

Pure Bullshit

The Michigan Supreme Court had previously ruled that

"In the early case of Norton v Shelby County, 118 U.S. 425, 442; 6 S Ct 1121; 30 L Ed 178 (1886), the United States Supreme Court declared that " unconstitutional statute * * * confers no rights; it imposes no duties; it affords no protection; it creates no office; it is, in legal contemplation, as inoperative as though it had never been passed". This Court recognized the same principle in Briggs v Campbell, Wyant & Cannon Foundry Co, 379 Mich 160, 165; 150 NW2d 752 (1967), observing "an unconstitutional statutory provision though in form and name a law is from the beginning no law at all; * * * the invalidity thereof dates from the time of enactment * * * and * * * such a provision is at no time effective for any purpose".

Furthermore, Section 13(3) of Act 77, provides for a 180-day period in which constitutional challenges may be commenced,


Therefore the judges were acting as politicians in black robes consequently the sham ruling will be reversed by SCOTUS...
If it's a question of State Law, it's not clear to me that there is a federal question for SCOTUS, further, October 31, 2019 is well over the 180 day line.

The PA supreme court is a Left Wing Political Court. I see no way that they are going to toss this election to the GOP Legislature.
 

Toro

Diamond Member
Joined
Sep 29, 2005
Messages
85,219
Reaction score
23,053
Points
2,180
Location
Surfing the Oceans of Liquidity
Trump is 1-40 in court, you keep talking about "victories," and I'm the one who appears asinine?

Little early in the morning to be drinking, dontcha think?
Trump is 1-40 in court, you keep talking about "victories," and I'm the one who appears asinine?

Little early in the morning to be drinking, dontcha think?
You tell me, jackass.
Trump's biggest most proficient weapon, Sidney Powell is coming up and all these lower court rulings
have been appealed on up the chain. The court has five conservative judges, likely to love Powell's
pleadings and evidence, all carefully selected and documented.

Like Jesse Jackson says...keep hope alive, knob polisher! Pennsylvania is falling down and Georgia
is in the cross hairs. Wisconsin, Michigan, Arizona are all sure to fall also.
Sydney Powell rofl
 

Zorro!

Gold Member
Joined
Apr 9, 2019
Messages
9,875
Reaction score
3,079
Points
335
PA Judge’s Stay Order On Certification Argues Mail-In Ballots Challenge “A Viable Claim”; Laches Doctrine May be In Play

The judge who ordered Pennsylvania to halt its election certification processes on Wednesday filed an opinion backing up the action yesterday. Judge Patricia McCullough argued that the plaintiffs’ argument that mass mail-in voting violates the state constitution is “viable,” and that a short delay won’t hurt while courts sort out the challenge.

Laches Doctrine comes into play in that this system has been used and not objected to, previously. That doesn't make it right, but, it does make it less likely that the unconstitutional mail in ballots will be thrown out. Your case is weakened if you keep quiet until you get an election result you don't like before objecting.

Pure Bullshit

The Michigan Supreme Court had previously ruled that

"In the early case of Norton v Shelby County, 118 U.S. 425, 442; 6 S Ct 1121; 30 L Ed 178 (1886), the United States Supreme Court declared that " unconstitutional statute * * * confers no rights; it imposes no duties; it affords no protection; it creates no office; it is, in legal contemplation, as inoperative as though it had never been passed". This Court recognized the same principle in Briggs v Campbell, Wyant & Cannon Foundry Co, 379 Mich 160, 165; 150 NW2d 752 (1967), observing "an unconstitutional statutory provision though in form and name a law is from the beginning no law at all; * * * the invalidity thereof dates from the time of enactment * * * and * * * such a provision is at no time effective for any purpose".

Furthermore, Section 13(3) of Act 77, provides for a 180-day period in which constitutional challenges may be commenced,


Therefore the judges were acting as politicians in black robes consequently the sham ruling will be reversed by SCOTUS...
If it's a question of State Law, it's not clear to me that there is a federal question for SCOTUS, further, October 31, 2019 is well over the 180 day line.

The PA supreme court is a Left Wing Political Court. I see no way that they are going to toss this election to the GOP Legislature.
 

Most reactions - Past 7 days

Forum List

Top