Posted on 12/22/2020 11:52:18 AM PST by StAnDeliver
(Partial recap of SCOTUS docket re: Republican Party PA. Please use the link to read in full)
Date | Proceedings and Orders | |
Sep 28 2020 | Application (20A53) for a stay, submitted to Justice Alito. | |
Sep 29 2020 | Response to application (20A53) requested by Justice Alito, due Monday, October 5, by 3 p.m. | |
Nov 06 2020 | Order issued by Justice Alito: All county boards of election are hereby ordered, pending further order of the Court, to comply with the following guidance provided by the Secretary of the Commonwealth on October 28 and November 1, namely, (1) that all ballots received by mail after 8:00 p.m. on November 3 be segregated and kept “in a secure, safe and sealed container separate from other voted ballots,” and (2) that all such ballots, if counted, be counted separately. Pa. Dep’t of State, Pennsylvania Guidance for Mail-in and Absentee Ballots Received From the United States Postal Service After 8:00 p.m. on Tuesday, November 3, 2020 (Oct. 28, 2020); Pa. Dep’t of State, Canvassing Segregated Mail-in and Civilian Absentee Ballots Received by Mail After 8:00 p.m. on Tuesday, November 3, 2020 and Before 5:00 p.m. on Friday, November 6, 2020 (Nov. 1, 2020). Until today, this Court was not informed that the guidance issued on October 28, which had an important bearing on the question whether to order special treatment of the ballots in question, had been modified. The application received today also informs the Court that neither the applicant nor the Secretary has been able to verify that all boards are complying with the Secretary’s guidance, which, it is alleged, is not legally binding on them. I am immediately referring this application to the Conference and direct that any response be filed as soon as possible but in any event no later than 2 p.m. tomorrow, November 7, 2020. | |
Dec 16 2020 | DISTRIBUTED for Conference of 1/8/2021. | |
Quick recap: Republican Party PA v Boockvar, is the case filed long before the election, wherein Justice Alito Ordered [PDF] that "all (PA) ballots received by mail after 8:00 p.m. on November 3 be segregated" and kept “in a secure, safe and sealed container separate from other voted ballots”.
Alito, friendly to Republican Party PA from the get-go, has managed to move this suit to Conference.
Does this mean Republican Party PA will move out of Conference to a date certain for oral argument? Or spun around into another Conference? Or receive a one-line dismissal?
Dismissal is unlikely at this point. The current gap between Trump and Biden -- 80,555 votes -- is within the realm of the votes in question.
And Republican Party PA could have been dismissed at any point. The tell, from my perspective, is that this suit is Conference'd for the first available day of SCOTUS 2021 calendar, and could not have been set for sooner, as the final brief of the petitioner only filed on Dec 15. Instead of dismissal, Conference game on.
So let's go with Republican Party PA gets set for oral argument.
Of the Argument days in January: 11,12,13,19, Jan 19 looks obvious, so close to Inauguration that Roberts allows the MSM to use that Narrative to cover for what may be startling oral argument, and also no decision could be issued until mid-Feb.
This partially lets Roberts off the hook, in that Alito preserves his interest in PA having willfully disobeyed his pre-election Order, but any decision comes too late to change the election overall (even if PA were flipped in the long-term because of this suit -- unlikely -- still 286-252), while still reversing the PA Supreme Court with the decision likely casting a sideeye on the obvious vote fraud in PA, in language that may be more encompassing than Biden would like.
Roberts still doesn't want this case. He fears this case, because Trump can claim his pound of flesh via a 5-4 Alito-led majority, prove outright that PA's election was intentionally unsecure, and thus completely illegitimate; and yet neither Alito nor Roberts has a sufficient remedy (can't go back and 'unscramble' those ballots that were, in defiance of Alito's Order, co-mingled with all other ballots).
The only option that can satisfy Republican Party PA appears to be simple -- reverse the Pennsylvania Supreme Court -- but the knock-on action is in extremis : void the PA election, after the fact, after the Inauguration -- permanently staining the puppet-state installation of Joebama.
BTW I highly recommend reading all of the Republican Party PA filings, and particularly the JonesDay's team appellate briefs in this suit.
It’s after Jan. 6th, when the electors vote.
Of course, it is the Robert’s Court
By setting the late date didm’t SCOTUS just punt again?
There will be no oral arguments.
Exactly, the date tells you everything you need to know. Nothing will come of this.
We have a bench filled with people in black robes transparently covering up corruption.
Submitted for conference means the justices will receive the petition for certiorari and presumably grant or deny the petition.
“ permanently staining the puppet-state installation of Joebama.”
Yeah, and Trump will always be impeached. They both will have the same end-effect.
Well, maybe not. Trump probably picked up five million votes from the impeachment charade. Joebama and the Demonrats might lose votes from the fake election, especially if they tilt full-communist as expected.
There are other cases before the SCOTUS are there not?
why can’t Trump order a postponement of the inauguration until after the SC rulings?
Iirc there is a phrase regarding EV that a state cannot be certified if there is pending litigation. SCOTUS just guaranteed that PA vote cannot be caste.
Apparently we have no Justices willing to stand up to Roberts. To decide cases "without fear or favor" my ass.
There are more pressing cases for the SCOTUS to address before the PA one, e.g., Bugs Bunny vs. Porky Pig.
“We no longer have a Supreme Court.”
Absolutely. It’s John Roberts and his Gang Of Thugs.
Thank you for that information.
They deserve to be tossed aside and replaced by the stacked court that Biden/Harris will put in place. Long live the Communist Court of the Disjointed Provinces of what once was the United States.
Has Justice Barrett been silenced? If so, why?
Any SC decision after Jan 6 will be moot.
Worthless, after everything is finalized,
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.