Welcome, Guest: Register On Nairaland / LOGIN! / Trending / Recent / New
Stats: 3,152,780 members, 7,817,228 topics. Date: Saturday, 04 May 2024 at 08:26 AM

Judge: Republicans Will Likely Win Pennsylvania Election Lawsuit - Foreign Affairs - Nairaland

Nairaland Forum / Nairaland / General / Politics / Foreign Affairs / Judge: Republicans Will Likely Win Pennsylvania Election Lawsuit (533 Views)

Pelosi: GOP 'Brought Dishonor To The House' For Supporting Election Lawsuit / Joe Biden Takes 5,587-vote Lead Over Donald Trump In Pennsylvania / American Women Go Nude To Rally Voters Against Republicans (2) (3) (4)

(1) (Reply) (Go Down)

Judge: Republicans Will Likely Win Pennsylvania Election Lawsuit by Hillard: 5:15pm On Nov 28, 2020
The judge who ordered Pennsylvania to not certify the results of the 2020 election wrote in an opinion on Friday that the Republicans who filed the related lawsuit will likely win the case.

Pennsylvania Commonwealth Judge Patricia McCullough made the assessment as part of an opinion explaining her rationale for blocking Pennsylvania’s election certification.

A group of Republican lawmakers and candidates sued the Keystone State earlier this week, arguing that the state legislature’s mail-in voting law—Act 77—violated the commonwealth’s constitution.

“Petitioners appear to have established a likelihood to succeed on the merits because petitioners have asserted the Constitution does not provide a mechanism for the legislature to allow for expansion of absentee voting without a constitutional amendment,” McCullough wrote.

When ruling on an emergency injunction, judges have to consider whether the party which requested the injunction is likely to win the case or “succeed on the merits.” McCullough opined that the “petitioners appear to have a viable claim that the mail-in ballot procedures set forth in Act 77 contravene” the plain language of the provision of the Pennsylvania Constitution which deals with absentee voting.

Pennsylvania said that it had certified the results of the election for president and vice president on Nov. 24 while the court was reviewing briefings from both parties. In response, the plaintiffs filed a request for an emergency injunction, arguing that that state need not have acted so fast.

“It appears that respondents’ actions may have been accelerated in response to the application for emergency relief … in an effort to preclude any remedial action by this court faster than this court was able to evaluate the application for emergency relief and the answers to it,” the plaintiffs wrote.

The emergency request underlined that while Pennsylvania completed vote-counting and submitted the signed certification to the U.S. archivist, a number of steps still remain for the formal certification process to be completed.

“While Respondents may have proactively attempted to avoid potential injunctive relief granted by this Court, Respondents duties with regard to finalization of the full election results are far from complete,” the filing states.

Republican state lawmakers in Pennsylvania released a memo on Nov. 27, advising that they will soon introduce a resolution to dispute the results of the 2020 election.

The resolution states that the executive and judicial branches of the Keystone State’s government usurped the legislature’s constitutional power to set the rules of the election.

The resolution “declares that the selection of presidential electors and other statewide electoral contest results in this commonwealth is in dispute” and “urges the secretary of the commonwealth and the governor to withdraw or vacate the certification of presidential electors and to delay certification of results in other statewide electoral contests voted on at the 2020 general election.”

https://m.theepochtimes.com/judge-republicans-will-likely-win-pennsylvania-election-lawsuit_3596477.html/amp?__twitter_impression=true

1 Like

Re: Judge: Republicans Will Likely Win Pennsylvania Election Lawsuit by espn(m): 5:31pm On Nov 28, 2020
Hillard:


https://m.theepochtimes.com/judge-republicans-will-likely-win-pennsylvania-election-lawsuit_3596477.html/amp?__twitter_impression=true

Appeals court rejects Trump challenge of Pennsylvania race


PHILADELPHIA (AP) — President Donald Trump’s legal team suffered yet another defeat in court Friday as a federal appeals court in Philadelphia roundly rejected the campaign’s latest effort to challenge the state’s election results.

Trump’s lawyers vowed to appeal to the Supreme Court despite the judges’ assessment that the “campaign’s claims have no merit.”

“Free, fair elections are the lifeblood of our democracy. Charges of unfairness are serious. But calling an election unfair does not make it so. Charges require specific allegations and then proof. We have neither here,” 3rd Circuit Judge Stephanos Bibas, a Trump appointee, wrote for the three-judge panel, all appointed by Republican presidents.
The case had been argued last week in a lower court by Trump lawyer Rudy Giuliani, who insisted during five hours of oral arguments that the 2020 presidential election had been marred by widespread fraud in Pennsylvania. However, Giuliani failed to offer any tangible proof of that in court.

U.S. District Judge Matthew Brann, another Republican, had said the campaign’s error-filled complaint, “like Frankenstein’s Monster, has been haphazardly stitched together” and denied Giuliani the right to amend it for a second time.

The 3rd U.S. Circuit Court of Appeals called any revisions “futile.” Chief Judge D. Brooks Smith and Judge Michael Chagares were on the panel with Bibas, a former University of Pennsylvania law professor. Trump’s sister, Judge Maryanne Trump Barry, sat on the court for 20 years, retiring in 2019.

“Voters, not lawyers, choose the president. Ballots, not briefs, decide elections,” Bibas said in the opinion, which also denied the campaign’s request to stop the state from certifying its results, a demand he called “breathtaking.”

In fact, Pennsylvania officials had announced Tuesday that they had certified their vote count for President-elect Joe Biden, who defeated Trump by more than 80,000 votes in the state. Nationally, Biden and running mate Kamala Harris garnered nearly 80 million votes, a record in U.S. presidential elections.

Trump has said he hopes the Supreme Court will intervene in the race as it did in 2000, when its decision to stop the recount in Florida gave the election to Republican George W. Bush. On Nov. 5, as the vote count continued, Trump posted a tweet saying the “U.S. Supreme Court should decide!”
Ever since, Trump and his surrogates have attacked the election as flawed and filed a flurry of lawsuits to try to block the results in six battleground states. But they’ve found little sympathy from judges, nearly all of whom dismissed their complaints about the security of mail-in ballots, which millions of people used to vote from home during the COVID-19 pandemic.

Trump perhaps hopes a Supreme Court he helped steer toward a conservative 6-3 majority would be more open to his pleas, especially since the high court upheld Pennsylvania’s decision to accept mail-in ballots through Nov. 6 by only a 4-4 vote last month. Since then, Trump nominee Amy Coney Barrett has joined the court.

“The activist judicial machinery in Pennsylvania continues to cover up the allegations of massive fraud,” Trump lawyer Jenna Ellis tweeted after Friday’s ruling. “On to SCOTUS!”

In the case at hand, the Trump campaign asked to disenfranchise the state’s 6.8 million voters or at least “cherry-pick” the 1.5 million who voted by mail in Philadelphia, Pittsburgh and other Democratic-leaning areas, the appeals court said.

“One might expect that when seeking such a startling outcome, a plaintiff would come formidably armed with compelling legal arguments and factual proof of rampant corruption,” Brann, a member of the conservative Federalist Society, wrote in his scathing ruling on Nov. 21. “That has not happened.”

A separate Republican challenge that reached the Pennsylvania Supreme Court this week seeks to stop the state from further certifying any races on the ballot. Democratic Gov. Tom Wolf’s administration is fighting that effort, saying it would prevent the state’s legislature and congressional delegation from being seated in the coming weeks.

On Thursday, Trump said the Nov. 3 election was still far from over. Yet he said for the first time he would leave the White House on Jan. 20 if the Electoral College formalizes Biden’s win.

“Certainly I will. But you know that,” Trump said at the White House, taking questions from reporters for the first time since Election Day.

On Twitter Friday, however, he continued to baselessly attack Detroit, Atlanta and other Democratic cities with large Black populations as the source of “massive voter fraud.” And he claimed, without evidence, that a Pennsylvania poll watcher had uncovered computer memory drives that “gave Biden 50,000 votes” apiece.

All 50 states must certify their results before the Electoral College meets on Dec. 14, and any challenge to the results must be resolved by Dec. 8. Biden won both the Electoral College and popular vote by wide margins.


https://apnews.com/article/election-2020-donald-trump-pennsylvania-elections-philadelphia-d9c96c4593ec278f3b1d4bc564068df6

1 Like 2 Shares

Re: Judge: Republicans Will Likely Win Pennsylvania Election Lawsuit by helinues: 5:39pm On Nov 28, 2020
Stop using gossip blog as source, use reliable sources
Re: Judge: Republicans Will Likely Win Pennsylvania Election Lawsuit by longetivity(m): 5:43pm On Nov 28, 2020
Nonsense opinion
Re: Judge: Republicans Will Likely Win Pennsylvania Election Lawsuit by seborrhic: 5:46pm On Nov 28, 2020
Trump has proven that It's clear that even a mad man,with mental challenges,can have die hard supporters believing all the nonsense he says,more than they would even listen to a sane person.
It now begs the question:that between Trump and his die hard supporters,who is the mad person;the one that is crazy and clearly acts it or the people that follow the mad man?
This God is indeed wonderful.
Re: Judge: Republicans Will Likely Win Pennsylvania Election Lawsuit by Johnnyessence(m): 7:20pm On Nov 28, 2020
Hillard:


https://m.theepochtimes.com/judge-republicans-will-likely-win-pennsylvania-election-lawsuit_3596477.html/amp?__twitter_impression=true
yes soo, infact,
PENN LIVE: 26 Pennsylvania House Republicans call for withdrawing certification of presidential electors.

(1) (Reply)

Zimbabwe Becomes First Country In Africa To Roll-out E-livestock Logging System / Russia's Losses So Far In Ukraine / Ukrainian President Zelensky Escapes Assassination

(Go Up)

Sections: politics (1) business autos (1) jobs (1) career education (1) romance computers phones travel sports fashion health
religion celebs tv-movies music-radio literature webmasters programming techmarket

Links: (1) (2) (3) (4) (5) (6) (7) (8) (9) (10)

Nairaland - Copyright © 2005 - 2024 Oluwaseun Osewa. All rights reserved. See How To Advertise. 26
Disclaimer: Every Nairaland member is solely responsible for anything that he/she posts or uploads on Nairaland.