This has been a big buzz every since it was released, but the truth is that it is just a preliminary injunction, not a ruling. That being said, the Judge in this case suggests that there is a likelihood of the plaintiffs winning. The problem is that if the entire election was ruled unconstitutional, then it would have to go to the Pennsylvania legislature to determine a winner.
Not sure that even if the legal aspects are there, that this is a politically viable solution.
Perhaps if this makes no difference in the grand scheme of things (Biden still wins the Electoral College), then it would be less of an issue... But.. whoa, what a precedent that would set?
On the flip side, even if this judge rules in favor of the plaintiffs and declares the election unconstitutional, it's a no-brainer that the Pennsylvania Supreme Court would overturn it. Not sure that the USSC five conservatives would have the intestinal fortitude to make the sort of ruling necessary to overrule the PSSC on this one. This might be a matter of much ado about very little.
4 comments:
Judge throws out Trump bid to stop PA vote certification.
Scott, if this judge was allowed to decertify the election in Pennsylvania, the President would go to the other states where Biden won, and decertify the elections.
If he wins his case the election would be overturned. Because the electoral college would vote for Trump.
Do you really think that is a good idea,???????
Even though the Republicans control the Pennsylvania legislature, I don't believe that they would vote against the majority popular vote.
They aren't as crazy as you.
Trump has been trying to get the election to the Supreme Court. But even a conservative majority will allow the President to be the king!
(CNN) - The Pennsylvania Supreme Court dismissed a lawsuit Saturday night from US Rep. Mike Kelly and other Republicans, after they had tried to invalidate absentee voting and block the certification of votes in recent weeks.
The dismissal adds to a growing number of losses in court for Republicans and supporters of President Donald Trump, who have tried to attack voting systems in the wake of President-elect Joe Biden's victory. The lawsuits have failed almost uniformly.
The court was unanimous in deciding against Kelly and others, and refusing to block vote certification on Saturday. Five of the seven judges wrote that they believed the lawsuit had been filed far too late, a year after absentee voting procedures had been established in the state and weeks after millions of Pennsylvanians voted in good faith.
"It is beyond cavil that Petitioners failed to act with due diligence in presenting the instant claim," the court wrote in its majority opinion.
The high court said the Republicans couldn't reconfigure their complaints and try again.
Lower courts in the state had said the lawsuit, which was filed weeks after Election Day, could stop counties from certifying votes, but that move had essentially become irrelevant.
Pennsylvania counties had already certified their vote counts, making Biden the winner of the battleground state by an 80,000-vote margin.
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