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Is There Another Scenario That Makes
Justice Alito's Dec. 9 Response Date
Meaningful in Different Way?

Original Article

Posted By: DaddyO, 12/6/2020 4:05:41 AM

I’ve spent some time reading comments to this story I wrote yesterday as well as many other legal analysts’ views on what — if anything — can be divined from the fact that Justice Samuel Alito ordered the State of Pennsylvania and other defendants to respond by December 9 to the action filed by GOP Congressman Mike Kelly seeking to declare unlawful the “no excuse” mail-in voting scheme used in the November election. (snip) But, something I think the Court could bring itself to do is to simply declare the Pennsylvania contest voided    Correction*


Author makes the point that Penn changed the rules in violation of the state constitution, the only remedy is to cancel the 20 electors, and puts the blame on the PA SC for not doing its job.

*Author corrected.  "Staff" is only used when there is no named author.

Post Reply

Reply 1 - Posted by: DCGIRL 12/6/2020 5:06:44 AM (No. 624418)
First of all, this should be a must read. Great article. Op is correct. I live in PA and our house and senate legislators are an embarrassment. They are telling their constituents that they can not convene their session because it would be unconstitutional. This is pure bull. The fact is, they are weak and these clowns will be replaced in 2022. They could have ended this entire mess. Here's the real reason, the republicans in Philadelphia counties are not going to vote for the President. They should be democrats. In 2022, we will replace our legislators with strong people that will represent the voters. The best solution would be cancel the 20 electors. The U.S. Supreme court would then show the PA Supreme Court that they should interpret the law and not make law. They would also send a message to the Governors that the hazardous execution of the elections are getting out of control.
102 people like this.

Reply 2 - Posted by: John C 12/6/2020 6:19:34 AM (No. 624429)
Interesting read. Don't give up yet! At lease 2 remedies noted keeps our great President in office.
57 people like this.

Reply 3 - Posted by: OBX Pete 12/6/2020 6:47:37 AM (No. 624438)
Ditto #2........Barr should be barred !!!!!!!
34 people like this.

Reply 4 - Posted by: billsv 12/6/2020 7:27:53 AM (No. 624450)
SCOTUS says the Constitution requires “same day voting” and declares mail in and early voting unconstitutional. The constitution requires voting to be on a certain date.
77 people like this.

Reply 5 - Posted by: justjoe1237 12/6/2020 7:36:48 AM (No. 624452)
When history looks back in the long view, the greatest traitor will not turn out to be Comey, Brennan, Clinton or Obama. It will be the sneaky enabler William Barr.
39 people like this.

Reply 6 - Posted by: bpl40 12/6/2020 8:14:34 AM (No. 624468)
Two points. First of all 'safe haven' date of Dec 8 is not that important. What is being alleged is fraud which has no statute of limitations like a civil remedies election suite. Second , the SCOTUS will intervene only if they want to change the alleged outcome. Just Pennsylvania to make a constitutional point is not worth it. The struggle probably is with one or more of the Trump nominated Justices. They are rightly concerned about being instrumental in turning the election to Trump and being accused of a pay off for the rest of their time on the court. Presidents come and go but this accusation will be forever,. goes the argument. As opposed to that Alito and Thomas are probably arguing that even after a Biden assumption of power, investigations will continue and the truth will come out as it always does. And the they i.e. Gorsuch or Kavanaugh will be blamed for life. Why not push the decision on Congress by declaring the election in four states to be invalid and there being not enough time for repolling? Don't know which way it will go.
20 people like this.

Reply 7 - Posted by: Quigley 12/6/2020 8:14:52 AM (No. 624469)
It is difficult to believe the SC will act. If it can find a way out of this mess, it will have earned its money. It seems the issue is whether one wants to be disenfranchised by some slob hiding ballots under a table (I know the video is from Georgia)- or by a creep that breaks into a warehouse and steals voting machine keys- or by the Supreme Court. More likely there is no solution. Laches. Dominion. Kleptocraps. A voting system that cannot be verified. Anonymous sources. Spooks that can’t be touched. But the bi.den supporters will be fat dumb and happy and his beneficiaries will get the loot. And the same group that started the Civil War in an attempt to preserve the institution of slavery will have accomplished the fix.
29 people like this.

Reply 8 - Posted by: BarryNo 12/6/2020 8:49:24 AM (No. 624483)
Guard the SCOTUS. Guard their families. The Democrats have already proven they will use threats and intimidation to turn officials from their honor bound responsibilities. This has little to do with Trump, but EVERYTHING to do with the Republic of the United States of America.
60 people like this.

Reply 9 - Posted by: Strike3 12/6/2020 9:14:16 AM (No. 624494)
FTA: This supposition begins with the premise that inside SCOTUS there is a view that the Pennsylvania Supreme Court has made itself into little more than an extension of the partisan political machine run by the Pennsylvania Democrat Party in the large metropolitan areas of the state. #1 is correct and Pennsylvania has been engaged in democrat cheating for decades. Philadelphia corruption and black panther intimidation helped Barack Obama tremendously. The corrupt labor unions once held a vice grip on democrats. The statement that the electorate in Pennsylvania is evenly divided is simply untrue, there is a heavy Conservative majority that is cheated out of elections time after time by Philadelphia and Harrisburg corruption. Our most recent example is the inept governor Tommy Wolf. We need a complete do-over in our crooked politics and it's time the US Supreme Court stepped in.
28 people like this.

Reply 10 - Posted by: gone2pot 12/6/2020 9:29:14 AM (No. 624504)
fair electoral outcomes in a state with a closely divided electorate. Trump by 800,000 with over 90 percent reporting then the vote counting stops. Then when the vote counting restarts, Biden is up by over one hundred thousand is NOT a closely divided electorate if a million plus illegal and phony ballots are added, especially when they're trucked in from New York. The EVIDENCE to back up that claim keeps being ignored just like the EVIDENCE that demonstrates an illegal , with criminal intent FISA warrant was issued against Carter Page keeps being ignored, just like a laptop with Biden's words and his sons words proving Biden accepted Chines money illegally and committed the crimes against Ukraine (crimes for which Trump was impeached) keeps being ignored. Would you like more examples of evidence being ignored for over four years by the DOJ and the media? If the Chief Justice voted with the majority... Roberts will do that when I win the Powerball five times in a row without buying tickets. Has there ever been a Justice of the Supreme Court with more cause to castigate the political parties and various political branches of the federal and state governments for their politicization of the judiciary? Is the Pennsylvania Supreme Court and its conduct not the epitome of the politicization of the judiciary? A firm-grasp-of-the-obvious YES is in the Clue Closet. As I said, preventing Pennsylvania from naming electors and being involved in the 2020 Electoral College, is the MOAB of all outcomes. And those who are victims of crimes committed by convicted felons on the tribal rolls and those of us who own property in the eastern half of Oklahoma are well aware of Supremes dropping MOAB's against Oklahoma's citizens because Congress failed to do its job, so we'll see.
21 people like this.

Reply 11 - Posted by: Omen55 12/6/2020 9:47:58 AM (No. 624514)
IOW by doing what it did the PA SC out smarted itself. Thus would be the eulogy on dem.
11 people like this.

Reply 12 - Posted by: msjena 12/6/2020 10:11:34 AM (No. 624530)
It’s meaningful because it means all disputes will not be resolved by the December 8 deadline and PA’s certification of electors will not have safe harbor protection.
7 people like this.

Reply 13 - Posted by: pensom2 12/6/2020 10:28:18 AM (No. 624544)
I continue to cling to the hope that the five conservative justices of the US Supreme Court can see that the country and the Constitution will fail if the national voting populace loses faith in the election process. This is their last chance to meaningfully put a stop to Dominion-style computerized voting fraud. If they don't act now, nothing else matters. Their oath of office should still mean something, at least to the five conservative justices. They must take whatever action is necessary to throw this election to the House of Representatives, one representative for each state. There is ample evidence of fraud, but the SCOTUS doesn't receive evidence the way a trial court does--the SCOTIS rules mostly on the legality of a matter, allowing all the evidence to be received and heard at the trial court level.
7 people like this.

Reply 14 - Posted by: Dodge Boy 12/6/2020 10:33:45 AM (No. 624552)
Yes, this is a smart strategy on Justice Alito's part. If you have time to read any articles today, definitely read Red State's piece. This strategy could well be a winner in PA. And this will play out in the next few days.
11 people like this.

Reply 15 - Posted by: MDConservative 12/6/2020 10:52:42 AM (No. 624561)
FTA: "Until the Electoral College actually meets and votes, the Court possesses the authority to issue an injunction preventing the electors from any particular state from being able to lawfully participate on the basis that the manner of their selection was legally invalid." Nonsense. A state legislature has a Constitutional obligation to name a slate, or not, that the Courts cannot remove or interfere. The Congress the authority to resolve challenges. If state law leaves it to the governor to certify elections and forward a slate, the Court has no jurisdiction to prevent such from happening. To enjoin would be against the original intent of the Framers...and we all wanted "originalists" on the bench. As one Federal judge (a Trump appointee) has already admonished the Trump advocates, they ought to be making their cases to the state legislatures, not the courts.
2 people like this.

Reply 16 - Posted by: jacksin5 12/6/2020 11:04:43 AM (No. 624569)
Does SCOTUS have the cojones to set precedent in these cases? The State Courts have already passed on them. Remember the Affordable Care Act, to this day is still on the books. Will they concede to the mobs, or rule according to the tenets of the Constitution? The odds aren't good.
9 people like this.

Reply 17 - Posted by: earlybird 12/6/2020 11:16:58 AM (No. 624582)
The author is not a reporter but a veteran 22 year federal prosecutor. He is not known to talk “nonsense”...
11 people like this.

Reply 18 - Posted by: earlybird 12/6/2020 11:30:05 AM (No. 624592)
Another interesting factor has come up, particularly interesting in an election year where there is clear evidence of impropriety of election officials and courts in going counter to the state constitutions, and outright fraud. The only deadline date set by the U. S. Constitution is January 20. “Electoral College Deadlines Not ‘Set In Stone’: Election Integrity Watchdog” An election integrity watchdog said the current Electoral College deadlines not only have “zero constitutional basis” but are preventing states from fulfilling their legal and ethical obligations to ensure free and fair elections. The Amistad Project of the non-partisan Thomas More Society released the study (pdf) on Friday, making the case that the only constitutionally-set date in the election process is Jan. 20, when the next president of the United States will be sworn in. All other dates, including the “safe harbor” deadline, the Electoral College vote on Dec. 14, and even the congressional vote count on Jan. 6, are dates set by federal law, which the paper argues are “arbitrary” and founded on obsolete concerns.
8 people like this.

Reply 19 - Posted by: Arby 12/6/2020 12:17:12 PM (No. 624629)
A judicial bomb would get the cheaters' attention.
3 people like this.

Reply 20 - Posted by: Zumkopf 12/6/2020 12:22:48 PM (No. 624635)
Unless l miscounted, invalidating Pennsylvania’s electors doesn’t throw the election to Trump; it merely reduces Biden’s count by 20 and the number needed by 10. Biden would still win, with 286 EVs against 260 required. Invalidation would not be a bad way to send a strong message without themselves altering the election outcome.
2 people like this.

Reply 21 - Posted by: Sully 12/6/2020 12:44:56 PM (No. 624648)
Here's my problem with all sensible analyses: what if no one cares? What if they look right at the obvious proof and say, "yeah, IDC"? Will not the gears continue to turn and JoKamel be sworn in on schedule? The destruction of the Republic is the status quo of the Republic's own inertia, is it not? All they have to do is...nothing.
2 people like this.

Reply 22 - Posted by: MDConservative 12/6/2020 1:19:43 PM (No. 624662)
#18 - According to the Constitution: "Each State shall appoint {Electors], in such Manner as the Legislature thereof may direct..." That's pretty clear. Not the courts. The state's legislature, which has likely redelegated certification to the state's governor. And if one gains an injunction to prevent the selection of electors, the state executive and legislative branches are likely to ignore and forward the enjoined slate to the Congress by December 8th...and then what? The courts have no jurisdiction in these matters. Would a state court hold the Governor and legislature in contempt? Good luck. Will a state judge demand Congress return or otherwise ignore the slate? Yeah, sure. And SCOTUS will step into the middle of established electoral process directed by Congress? There's a process for challenges reserved for the Congress, too. Take a look at 3 U.S.C. §5 and §6, then §15. Ultimately, objection to a state’s electoral vote must be approved by BOTH houses in order for any contested votes to be excluded. That's not a legal process, but a political one. More than the law, politics is at the heart of all this. As Mr. Dooley said, "No matter whether the constitution follows the flag or not, the Supreme Court follows the election returns". So do the state courts, whose roster is generally elected. The only ones holding any power here are the legislatures, and they'd better act quickly to matter. The rest is wasted effort and gamesmanship. Such advocacy as presented here is legal nonsense meant to rally public support. Lawyers are very good at arguing the law, the facts, and pounding the table when all else is against them. This is table pounding.
1 person likes this.

Reply 23 - Posted by: nhsailmaker 12/6/2020 6:19:56 PM (No. 624788)
to believe this article you have to also believe this is the year that Lucy does not yank away the football when Charlie Brown tries to kick it.
0 people like this.

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I’ve spent some time reading comments to this story I wrote yesterday as well as many other legal analysts’ views on what — if anything — can be divined from the fact that Justice Samuel Alito ordered the State of Pennsylvania and other defendants to respond by December 9 to the action filed by GOP Congressman Mike Kelly seeking to declare unlawful the “no excuse” mail-in voting scheme used in the November election. (snip) But, something I think the Court could bring itself to do is to simply declare the Pennsylvania contest voided    Correction*

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