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PA Judge upholds the hold, Suggests Constitution Violated


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2020 Nov 27, 11:17pm   741 views  18 comments

by MisdemeanorRebel   ➕follow (12)   💰tip   ignore  

A Pennsylvania state court Judge has issued a preliminary injunction preventing Pennsylvania from taking any further steps to perfect its certification of the election, including but not limited to appointment of electors and transmission of necessary paperwork to the Electoral College, pending further court hearings and rulings. The ruling upholds an injunction from earlier in the week, and is significant because of the findings made in the Opinion released tonight.

You can read the Opinion here.

The case has been somewhat under the radar, because it doesn’t involve claims of fraud. It appears to be a pretty straight legal argument. This is not the federal court case that has received a lot of press attention and in which the Third Circuit Court of Appeals denied relief.

...


That being said, this Court is mindful that one of the alternative reliefs noted by Petitioners would cause the disenfranchisement of the nearly seven million Pennsylvanians who voted in the 2020 General Election. Specifically, Respondents claim that a temporary stay would disenfranchise voters as the legislature would appoint the electors to the Election College. However, as noted, the legislature is not authorized to appoint the electors to the Electoral College until December 8, the “Federal Safe Harbor” date for certifying results for presidential electors. The Court agrees it would be untenable for the legislature to appoint the electors where an election has already occurred, if the majority of voters who did not vote by mail entered their votes in accord with a constitutionally recognized method, as such action would result in the disenfranchisement of every voter in the Commonwealth who voted in this election – not only those whose ballots are being challenged due to the constitutionality of Act 77. However, this is not the only equitable remedy available in a matter which hinges upon upholding a most basic constitutional right of the people to a fair and free election. Hence, Respondents have not established that greater harm will result in providing emergency relief, than the harm suffered by the public due to the results of a purportedly unconstitutional election.5



https://legalinsurrection.com/2020/11/pennsylvania-state-judge-halts-certification-finds-likelihood-mail-in-balloting-procedures-violate-pa-constitution/

Comments 1 - 18 of 18        Search these comments

1   Ceffer   2020 Nov 27, 11:21pm  

Wow. A Pennsylvania State Court judge is actually following the law. Will wonders never cease.
2   MisdemeanorRebel   2020 Nov 27, 11:21pm  

Courage is contagious, there's already State Legislative action in PA on picking electors by declaring the whole election beyond repair. Now we'll see other legislatures do it.

Trump is in Georgia tomorrow, and Purdue and the other one, plus public pressure, will force the GA Legislature into some action. That Raffensperger made a deal with Stacey Abrams allowing her to ballot harvest and check the signatures themselves without Republicans present, is an act way, way beyond what is authorized.

Ceffer says
Wow. A Pennsylvania State Court judge is actually following the law. Will wonders never cease.




Leftists will probably demand a good Hawaiian Judge be interposed.
3   Ceffer   2020 Nov 27, 11:26pm  

NoCoupForYou says

Leftists will probably demand a good Hawaiian Judge be interposed.

I think it's time to grant Stormy Daniels an honorary bar ticket and put a mini judge robe teddy on her, barely covering her massive nude garbanzos, and allow her to preside over all Trumpian legal challenges.
4   Shaman   2020 Nov 28, 8:41am  

Looks like the massive fraud committed in PA will get a judicial review.
I really don’t believe that PA electors will EVER be appointed for Biden. They might not be seated for Trump either though, considering that Nancy Pelosi will have a say in that once they get to Congress. But if she declines to seat them, that would almost guarantee a second Trump term.
5   Robert Sproul   2020 Nov 28, 9:37am  

It has been said that many people involved with the Warren Commission were deeply skeptical of the narrative that they were delivering, but thought that the country couldn’t survive The Truth.
There may be great reticence in many of the people who will be making decisions in this convoluted case. Knowing the Violent Left would assemble a much broader coalition from among the Less Insane Left and Burn it All Down as we all kind of know they would do.

It is like a household that is completely captive to a tantrum prone 5 year old.
6   GlocknLoad   2020 Nov 28, 10:38am  

Robert Sproul says
...Insane Left and Burn it All Down as we all kind of know they would do.

IMO, the answer to this is Trump and the GOP coming out if/when the left start Burning Looting and Murdering again to tell the Patriots to come out and defend the country. I have no doubt who would win. BUT, let the democrat shithole cities, towns and states burn to the fucking ground.
7   MisdemeanorRebel   2020 Nov 28, 10:57am  

Self-slum clearance!
8   mell   2020 Nov 28, 11:16am  

That means the legislature can send Trump electors which would give DT 20 electors, but he'll still need two more to flip. If the WI audit throws out those invalid ballots it will be getting very close again.
9   Ceffer   2020 Nov 28, 11:22am  

Robert Sproul says
were deeply skeptical of the narrative that they were delivering, but thought that the country couldn’t survive The Truth.

"but thought that they wouldn’t survive telling The Truth." There, fixed it.

Remember, there were scores of people assassinated by various 'accidents' in a manner that defied probability surrounding Kennedy's murder.

One of my early red pill brain worms was seeing a large glossy black and white picture of Earl Warren around the Warren Report, and I saw vivid shame in his eyes. I was wondering why he was ashamed and why it showed so clearly. It took years to learn that he was ashamed because he sold out and disgraced his legacy around the "Great Warren Lie and Cover Up".
10   Onvacation   2020 Nov 28, 11:26am  

Robert Sproul says
Knowing the Violent Left would assemble a much broader coalition from among the Less Insane Left and Burn it All Down as we all kind of know they would do.

THEN maybe we could start shooting looters again?

They have been burning down America for many years. They have become so blatant that the corruption is clear for all to see. The last four years have been the worst. The streets have been taken over by violent thugs with implicit local government permission. Violent thugs who have resisted arrest are held up as martyrs for the cause. There is now a pause called "The AP has called the Presidential race for Joe Biden. See more on Google." but will open up into open violence if the fraud being exposed leads to a Trump victory.
11   Onvacation   2020 Nov 28, 11:27am  

Robust safeguards help ensure the integrity of elections and results. Learn more
13   just_passing_through   2020 Nov 28, 11:58am  

Onvacation says
They have become so blatant that the corruption is clear for all to see.


Got on Facefuck yesterday to see some family Thanksgiving stuff. I almost never log into that and would delete it if not for family stuff and probably still will soon. As has been the case since sometime in Obama's .. 2nd term I think .. I had to scroll through leftist filth posts created by people I know in the bay area from my time living there.

So.

This time I just went nuclear. As I scrolled, every leftist poster was deleted. I don't need to be associated with that shit anymore. I'd refresh, delete, refresh, delete until suddenly nothing but pictures of cute kido 2nd cousins with mershed potatoes on their faces, etc.

At any rate, one thing that surprised me was they didn't seem to believe pantifa or slack lives matter are responsible for the burning, looting, destruction, but instead leave the blame squarely on proud boys. What a hoot!
14   Robert Sproul   2020 Nov 28, 12:40pm  

just_passing_through says
they didn't seem to believe pantifa or slack lives matter are responsible for the burning, looting, destruction, but instead leave the blame squarely on proud boys.

I have tried to have conversations across that divide. I felt like Roddy Piper.
www.youtube.com/embed/11dZSPIe9UU
15   MisdemeanorRebel   2020 Nov 28, 4:56pm  

aaaaaaannnnd..... the Union Boss' brother and the rest of the PA Supreme knocked it right out the moment they got it.

Up we go!

"You should have filed before the election... you can't file until you can show an injury". More Democrat Janus doubletalk. The latter the PA Supremes said in another case a few months ago.
16   Ceffer   2020 Nov 28, 5:53pm  

"Upon consideration of the parties’ filings in Commonwealth Court, we hereby dismiss the petition for review with prejudice based upon Petitioners’ failure to file their facial constitutional challenge in a timely manner," the order read. "

Pa Supremes picked a rather odd 'reason' for rejection, not on the merits, and not addressing anything violating the PA state constitution, governor's tinpot dictator fiat etc.,as if there was some kind of statute of limitations applicable. Without prejudice would have meant they could re-file with correctives of some kind. With prejudice means PA Supremes want nothing more to do with it.

More like they are chicken shit to rule and want SCOTUS to take the handoff. The speed of the decision points that they want it handled in a higher appeal so they don't have to offend their political masters in PA. High weirdness from what is supposed to be a high court.

Seems headed again for nullification of a 270 for either candidate and House election eventually. The PA legislature still has a couple of days to do their thing.

So, PA is on the SCOTUS escalator.
17   MisdemeanorRebel   2020 Nov 28, 6:00pm  

In a unusual decision, the Pennsylvania Supreme Court invoked the archaic doctrine of “latches” to toss GOP Congressman’s Mike Kelly, congressional hopeful Sean Parnell, and six other GOP candidates’ lawsuit against the state.

Latches is a legal defense that stops a plaintiff from recovery because the plaintiff was too slow and careless in bringing his lawsuit. The doctrine is rarely applied by modern courts.

A ruling from a lower court earlier week this barred the state from taking any further action to certify its election results pending a hearing on the in Kelly case.

But today, the Pennsylvania Supreme Court ruled Congressman Kelly should have filed his lawsuit shortly after passage of Act 77, which vastly expanded the mail-in balloting to let all qualified voters to vote by mail without an excuse. Congressman Kelly filed suit after the election and argued Act 77 wrongfully overrode the stipulations for absentee balloting established by the state’s constitution.

In essence, the court told Kelly and Parnell they were too late — that they should have filed his suit well in advance of the election. But one requirement in brining a constitutional claim is an “injury-in fact.” That means the plaintiff needs to show he has or will suffer a harm and the injury must be concrete. If Congressman Kelly had brought his suit before the election, the court could have easily (and likely would have) dismissed Kelly’s claim on the grounds that he had not suffered an injury yet.

The Pennsylvania Supreme Court is playing politics. The Kelly case is expected to be appealed to the US Supreme Court for final resolution.
https://electionwiz.com/2020/11/28/pennsylvania-supreme-court-plays-politics-based-on-rarely-used-doctrine/
18   Ceffer   2020 Nov 28, 6:04pm  

It does seem that the PA Supremes generated a legal barn door for SCOTUS or any legal entity to drive through, almost as if their decision was FOR the lower court in a backhanded way by facilitating the appeal.

Lets them off the hook, and expedites to SCOTUS, which is really what the plaintiff should want, anyway, in election fraud of this type. Delay is much more deadly than a rapid appeal.

However, it does show you how frothy, discretionary and arbitrary the law is.

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