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 ...
Indeed it’s a test for the Supreme Court in it’s rulings everything is riding on what they do.
Rule of law or wing it law.
Judge Roy Bean is all ears and eyes.
Assuming GA and PA, that gives POTUS 268 EVs by my count. He would definitely need Arizona or one other state to flip.
I’m not certain it was six, but I saw five for sure.
Dreamer. There are enough LibTard Justices on the SCOTUS to deny this happening.
Prayers continually!!!
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