Posted on 12/06/2016 7:22:57 PM PST by MarMema
Michigan’s Court of Appeals ordered the state government on Tuesday evening to undo its previous approval of an election recount requested by Green Party presidential nominee Jill Stein.
The decision will not interfere with the ongoing recount in the state, however, due to a 2-1 ruling by the U.S. Court of Appeals for the 6th Circuit that came out around the same time, according to the Detroit Free Press.
The Court of Appeals for the 6th Circuit upheld a ruling that U.S. District Judge Mark Goldsmith issued early Monday morning ordering the recount to proceed at noon that day, and precluding it from stopping until “further order of this court.”
Michigan’s Republican Attorney General Bill Schuette and President-elect Donald Trump filed separate lawsuits with the state appeals court on Friday seeking to block Stein’s crowdfunded recount effort in the Great Lakes State.
The panel of judges on Michigan’s Court of Appeals accepted Schuette’s and Trump’s arguments that Stein, who came in a distant fourth place in Michigan, was not an “aggrieved” party with standing to challenge the election results.
At the same time, the judges appeared to acknowledge that their order would not take effect in light of Goldsmith’s original ruling, the Detroit Free Press reported.
The challenge to the recount will now head back to Goldsmith.
(Excerpt) Read more at huffingtonpost.com ...
I cannot keep up with this sh*t! So, the stories of earlier that the Appeals Court in Michigan said the recount would stop were Bull Sh*t?
These threads are totally freaking useless!
The federal court said there should not be a delay.
The state court said the board of electors will not have a recount.
Different ruling from what I heard. Ambiguity means that the recount stops as the election board is ordered not to have a recount. Federal court just said there should be no delay.
” Goldsmith has all the power right now. “
He might think he does but I’m sure the 6 Circuit Court of Appeals will let him know that’s not so.
Why does a federal judge outrank the state on this? It’s MI election, each state has their own electoral votes, why let the feds interfere?
It just seems to me that this is the precursor to elections determined by Washington, the people and the states subjugated to the almighty centralized government.
Only read the excerpt, but while correct to a point, it left out the instruction by the 6th circuit instructing Goldsmith to vacate or amend his order should the state court rule against the recount as they have.
So if Goldsmith doesn’t, it is almost certain the 6th circuit will.
From other posts here, it seems the USCA upheld Goldsmith unless and until the state court determined the recount did not meet the state’s laws requirements for a recount, at which time the state would go back to the USDC to withdraw the order which, from what I’m reading, related only to timing, i.e., start now, not in two days.
The federal courts didn’t become involved in the question of whether there should or should not not be a recount. This at least is my understanding from FR posters. If that is accurate, Goldsmith would alter his order to close the case in federal court.
The 6th circuit instructed Goldsmith to vacate his order if the state courts should order than the recount be stopped. That is precisely what they have done.
What would that Obama puppet do if everyone went home? Federal judges ought to be ignored when they act as despots.
That was our state appeals court.
In my opinion he has abused the authority of the court. He has substituted his will for that of the Michigan Legislature and he premises this on Michigan law posing a “threat” to Stein’s “right” to a recount.
Yep. He shouldn’t, but he does.
I am so happy I don’t live in that state anymore!
Only Goldsmith can stop the recount.
Unless the feds want to pay for the recount the state of Michigan should tell them to pound sand as Stein should have been told by everyone. She has no case, she got 1% of the vote.
No, Goldsmith, being an Obama judge also said, paraphrasing here, “count till I say stop”.
By the way, Huffington Post usually doesn’t clear much up. Just the opposite.
No, the 6th circuit has limited Goldsmith in this regard.
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