Pennsylvania Ping!
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Posted on 11/12/2020 8:04:17 AM PST by SeekAndFind
The complaint filed in Pennsylvania by the Trump campaign is a superb piece of legal craftsmanship.
It was filed in federal court, not state. The gist is that some of the state's actions, and particularly the exclusion of Republican poll-watchers during the counting of hundreds of thousands of mail-in ballots, violated federal constitutional requirements.
The point is obvious enough once one thinks of it, but it's brilliant all the same. It shifts the focus from state law, where a politicized Pennsylvania court has the last word, to federal law, where the U.S. Supreme Court rules.
As for the obviousness of the point, consider as a thought experiment a state law requiring that all votes be counted in secret by an unelected board named by the party in power. Could it survive a constitutional challenge?
As my old Harvard constitutional law professors would have said, "to ask the question is to answer it." It is hard to count all the constitutional guarantees violated here: Equal Protection, Due Process, Privileges and Immunities. Indeed, the complaint stacks up the Supreme Court precedents supporting its arguments, including the long line of ringing statements in the chain of one-person-one-vote decisions.
Even the late Justice Ginsburg, who never met a progressive argument she could not support, would have trouble upholding such a law.
Given this framework, the historic decision in Bush v. Gore becomes useful but unimportant. The problem there was that the Florida Supreme Court pretended to be interpreting state law, and the legal convention is that the U.S. Supreme Court must defer on state issues, even though the Florida court was making up new law as it went along and changing its mind shamelessly.
(Excerpt) Read more at americanthinker.com ...
Trump’s Pennsylvania case does not have the complication of the state versus federal law interaction because it jumps over the state law and, as noted, relies on a host of U.S. SCOTUS cases about the importance of voting.
The complaint has much more, designed to bolster its central point. Many other instances of fraudulent activity are cited, which lends credibility to the main accusation. They are also indispensable to establish a factual case — that the exclusion not only occurred, but mattered, because thousands of ballots were counted in secret.
Reading the news reports, it appears likely that similar complaints are going to be filed in other swing states and that perhaps we are seeing the exposure of a broad-based effort to corrupt the election. Joe Biden claimed that the Democrats were mounting the biggest voter fraud effort in history, and a good rule for living is that when someone tells you he is about to screw you over, believe him.
It is possible, then, that a number of cases will hit the Supreme Court in about three weeks.
Thank you, SeekAndFind
for breaking it down for those of us not familiar with the process and “too busy” to find out on our own.
Even if PA is taken away from Biden, he still has 270. We need to take one more state away from him, and also win GA.
Should we have concern over standing, the USSC not accepting the case before it winds it way through the state and lower federal courts first?
“Joe Biden claimed that the Democrats were mounting the biggest voter fraud effort in history, and a good rule for living is that when someone tells you he is about to screw you over, believe him.”
A Freudian slip where Biden accidentally told the truth. Deblablas daughter accidentally said it, too.
>> three weeks
The longer this drags out the better — providing the 70+ million of us stay focused and remain ready to pounce.
There is massive fraud in PA, MI, WI, and possibly AZ, too.
No, the state courts aren’t involved and it is likely that the SC will get involved from the beginning. And Trump definitely has standing since he is the one who has the most to lose.
RE: Should we have concern over standing, the USSC not accepting the case before it winds it way through the state and lower federal courts first?
Given the urgency of the situation and the limited time that we have, the SCOTUS should take this up PRONTO. It is a matter that affect the ENTIRE COUNTRY, not just the individual states.
In any case in which one of the states is a party, the Supreme Court has original jurisdiction, meaning they can hear the case right away without any other court having ruled on it.
This article explains the only viable path for Trump.
They’ll never be able to prove enough fraud.
But they stand a darn good chance of proving there was not the transparency guaranteed by law, invaliding the electoral processes and methods...and results.
Sorry my FRiend, Biden is going to lose.
I believe there was massive fraud in all the states ran by democrats.
Similar tactic was used against the thugs and looters... protecting the Federal Court House exposed liberal mayors who were in on the violence.
Yep, all 6 states just happened to stop counting at the same time.
Just a coincidence I am sure.
Pennsylvania Ping!
Please ping me with articles of interest.
FReepmail me to be added to the list.
I am not denying that, just pointing out that for that to happen, PA is not the end all and be all. We need at least one more state.
It's my country too. I have just as much to lose as President Trump. The entire notion of standing is bullsh*t. (It is sort of how a Kenyan got to be President.)
ML/NJ
~~~Even if PA is taken away from Biden, he still has 270. We need to take one more state away from him, and also win GA.
Not true, taking PA and Ga will put Trump over the top without even AZ. Keep in mind that NC was already called for Trump this week.
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