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From: New York Post <email@nypost.com>
To: add1dda@aol.com
Sent: Fri, Nov 6, 2020 9:05 a.m.
From: New York Post <email@nypost.com>
To: add1dda@aol.com
Sent: Fri, Nov 6, 2020 9:05 a.m.
Breaking: Biden Takes the Lead in His Native Pennsylvania
Breaking: Biden takes the lead in his native Pennsylvania
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1 comment:
IF YOU BELIEVE IN TOOTH FAIRIES,SANTA CLAUS AND THE SUPREME COURT BEING FAIR,TRUMP WILL WIN PENNSYLVANIA
(ZH)
The Pennsylvania legislature passed a law that said mail-in ballots had to arrive by 8PM on election day to be counted, and then said that if the Court over-ruled that law, the entire law that permitted mail-in ballots was invalid.
In the face of this clear text, the Pennsylvania Supreme Court, by a vote of four to three, made the following decrees, summarized here by SCOTUS:
Mailed ballots don’t need to be received by a election day. Instead, ballots can be accepted if they are postmarked on or before election day and are received within three days thereafter. Note that this is directly contravenes the text above.
A mailed ballot with no postmark, or an illegible postmark, must be regarded as timely if it is received by that same date.
In doing so, PAs’ high court expressly acknowledged that “the statutory provision mandating receipt by election day was unambiguous” and conceded the law was “constitutional,” but still re-wrote the law because it thought it needed to do so in the face of a “natural disaster.” It justified its right to do so under the Free and Equal Elections Cause of the PA State Constitution.
Now, if you are a conservative, you are already angry. You despise this method of jurisprudence, which elite Harvard lawyers might call “living Constitutionalism,” and you believe that judges should enforce laws as written by lawmakers. You believe this case never should have gotten to SCOTUS because what the State Supreme Court did was egregious! .
Had the Pennsylvania Supreme Court simply ruled that Act 77 was unconstitutional under PA’s Free and Equal Elections clause, this would have been a classic “textualism” vs. “living constitutionalism” case. But it’s not.
There is a strong likelihood that the State Supreme Court decision violates the Federal Constitution. Justice Alito writes: “The provisions of the Federal Constitution conferring on state legislatures, not state courts, the authority to make rules governing federal elections would be meaningless if a state court could override the rules adopted by the legislature simply by claiming that a state constitutional provision gave the courts the authority to make whatever rules it thought appropriate for the conduct of a fair election.”
Art. I, §4, cl. 1, which states “The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.”
Art. II, §1, cl. 2, which states “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.”
Again, translating this into common English, the US Constitution grants state legislators the exclusive right to prescribe the time, place, and manner of holding elections, and to direct the appointment of the electors.
The Pennsylvania Supreme Court didn’t just say “Act 77 is unconstitutional.” It re-wrote Act 77 itself, by judicial fiat, creating new rules for time, place, and manner, of holding elections. In doing so, the State Supreme Court violated the US Federal Constitution.
And that’s the real case here. The US Supreme Court is going to rule that the State Supreme Court violated the US Constitution, the State Supreme Court’s ruling is going to be overturned, and the votes that arrived after 8 PM on election day will be discarded. On that basis, Trump will win Pennsylvania.
GRA:Only in theory,you have to have anti-Trumper Roberts and squishy appointee Kavanaugh rule for Trump.No sure thing.
--GRA
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