Posted on 12/05/2016 12:24:30 PM PST by roostercogburn
Breaking on twitter via Paul Egan. Political reporter, Detroit.
Based on the conversation here in the wee hours of the morning, this move seemed inevitable.
So two suits to stop it now, one in the MI court of appeals by the AG, and this? Should be fun.
This is a double edged sword. If the 6th decides against Michigan this is the end of the trail. The SCOTUS if there is an appeal might decide but if they tie, the decision the 6th makes will stand with no more appeal.
I’m betting the court stays the opinion from last night almost immediately after receiving the paperwork.
No way a judge can just arbitrarily change election protocols that are established concerning challenge rules.
This suit was filed because no state court can overturn the order by the U.S. District court. It needs to be done by a higher Federal court.
Darn, I was going to post the same thing.
I'm still surprised to see the Trump legal team staying out of this. But, perhaps they are keeping their hands off to avoid accusations of political interference.
WHY doesn’t someone in the GOP demand a recount in CALIFORNIA?
What is the political balance of the 6th court of appeals? Do we have a decent chance of a fair hearing with them?
“The SCOTUS if there is an appeal might”
I’m betting that the SC will not take up this case in any form.
Well the count has started regardless... at this point even if 6th circuit denies, no additional harm will come other than the counting.
5 out of 16 judges appointed by either Obama, Clinton or carter. Remaining 11 are GOP appointees.
Not really, the issue before the federal court yesterday was merely in regard to timing. The state court still has jurisdiction to rule on the recount itself and could thereby moot the decision of the federal court.
I believe the US District court order was limited to "start on Monday, instead of waiting two business days until Wednesday".
I think the two day delay was to give the state time to appeal. That appeal was made to the MI court of appeals, and the hearing is tomorrow.
If the MI court says: "no recount", it's over aside from an appeal to the MI Supreme Court.
I don't know what the grounds for the appeal to the 6th Circuit might be, unless there's more to the US District's order.
I think that is what the left is shooting for now. Lets face it, with the Wisconsin recount half complete and Hillary actually losing votes and Pennsylvania looking to be dead in the water, they know at this point that nothing they do is going to change the election result. So they are shooting for the next best thing, starting so many legal battles that the Republicans will be forced to take it all the way to the Supreme Court, just to insure that Michigan, Wisconsin and Pennsylvania get certified before the electoral college meets. Then the left can scream, "Selected not elected!" and "They must be hiding fraud, they shut down the recount!" for the next four years.
Heavy GOP
“The state court still has jurisdiction to rule on the recount itself”
“In ordering the recount to begin at noon Monday, rather than Wednesday morning under the two-day waiting period the state planned to observe, Goldsmith ordered the recount, once started,
“must continue until further order of this court.”
Doesn’t sound like the state courts have any say at this point...
The precedent is Bush v. Gore.
Trump’s rights under the 14th. Amendment are being
violated by Jill Stein and her recounts.
Of course a ruling that quotes that case is just
the bloody shirt the Left is looking to come away
with here.
He said that? The state court should tell him to go pound sand.
I think his hubris in saying that on his order is the only way the recount will stop will be his undoing.
I think his bosses at the 6th circuit stop this mess.
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