Author Topic: Pennsylvania: Legal Updates  (Read 40988 times)

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Re: Pennsylvania: Legal Updates
« Reply #125 on: November 29, 2020, 02:39:36 am »
Mark R. Levin @marklevinshow

2. They’re political hacks in black robes who have destroyed PA’s election system, unconstitutionally seized power from the state legislature, and sits as a Democrat-Party politburo.

7:08 PM · Nov 28, 2020

Mark R. Levin @marklevinshow

3. Rather than uphold the federal and state constitutions, it has shredded them. Stalinism lives.

7:08 PM · Nov 28, 2020
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Re: Pennsylvania: Legal Updates
« Reply #126 on: November 29, 2020, 03:20:26 am »
Mark R. Levin @marklevinshow

2. They’re political hacks in black robes who have destroyed PA’s election system, unconstitutionally seized power from the state legislature, and sits as a Democrat-Party politburo.

7:08 PM · Nov 28, 2020

Mark R. Levin @marklevinshow

3. Rather than uphold the federal and state constitutions, it has shredded them. Stalinism lives.

7:08 PM · Nov 28, 2020

Well said,Mr Levin!
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Re: Pennsylvania: Legal Updates
« Reply #127 on: November 29, 2020, 03:26:45 am »
    BREAKING: The PA Supreme Court just vacated the entire @SeanParnellUSA case - expect it to go to SCOTUS in short order. Article incoming with analysis from @reeveslawstl— Tracy Beanz (@tracybeanz) November 28, 2020

    It’s not over.

    This was not unexpected.

    Stay tuned. https://t.co/1H3M0UVnMi— Sean Parnell (@SeanParnellUSA) November 28, 2020

Show time!
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"So do I," said Gandalf, "and so do all who live to see such times. But that is not for them to decide. All we have to decide is what to do with the time that is given us."
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Offline Right_in_Virginia

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Re: Pennsylvania: Legal Updates
« Reply #128 on: November 29, 2020, 05:53:09 am »
Mark R. Levin
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Exactly


Quote
Earlier this evening, the Pennsylvania Supreme Court issued a brief, three-page order dismissing an election lawsuit brought by Sean Parnell and several other qualified Pennsylvania voters challenging the constitutionality of Pennsylvania’s recently-enacted state law governing mail-in voting. In doing so, the Pennsylvania Supreme Court also vacated a lower court judge’s preliminary injunction preventing the Pennsylvania Secretary of State from certifying the results of the 2020 General Election pending resolution of the lawsuit.

In dismissing the lawsuit, the Pennsylvania Supreme Court did so on the narrowest of grounds: that Parnell and the other voters waited too long to file it. By styling their decision thus, the Pennsylvania Supreme Court avoided having to decide the case on the actual merits: Is the Pennsylvania mail-in voting law unconstitutional under the Pennsylvania state constitution? As we shall see below, the answer is most likely “yes.”

The Pennsylvania Constitution and Voting Law

The Pennsylvania constitution allows absentee voting under five situations: (1) work; (2) illness; (3) physical disability; (4) the election occurring on a religious holiday; or (5) a person’s election-day duties themselves preventing the person from voting in person. No other justifications are allowed for absentee voting under the Pennsylvania constitution.

Towards the end of 2019, a majority of both houses of the Pennsylvania General Assembly passed the relevant mail-in voting legislation at issue here. As I discussed in my previous two articles, this legislation expanded voting by mail beyond the above-five situations under the Pennsylvania constitution to include any situation. In other words, the law purported to allow voting by mail for any reason whatsoever.

But while the General Assembly passed the legislation, this was not, in and of itself, sufficient to amend the Pennsylvania constitution and expand voting by mail beyond the above-five circumstances. To amount to a constitutional amendment, the Pennsylvania constitution requires that the law be passed a second time by a majority vote of both houses of the General Assembly in the next legislative assembly. Once that is done, a majority of Pennsylvania voters then have to approve the mail-in voting legislation in a statewide election.

The above process has not taken place. Indeed, the Pennsylvania General Assembly itself appears to have recognized that such an expansion of mail-in voting would have to come about via a constitutional amendment, as the law itself was originally presented as a joint resolution proposing an amendment to the Pennsylvania Constitution.

The Parnell Lawsuit

Parnell and the other voters brought suit on November 21, 2020, in the Commonwealth Court of Pennsylvania, seeking a declaration that the mail-in voting law is unconstitutional and an injunction barring the Pennsylvania Secretary of State from certifying the results of the General Election until the lawsuit was completed. The Commonwealth Court granted a preliminary injunction, finding that a substantial likelihood existed that the mail-in voting legislation did, in fact, violate the Pennsylvania Constitution.

The Pennsylvania Secretary of State immediately appealed the preliminary injunction to the Pennsylvania Supreme Court. Earlier today, that court entered an order both dissolving the preliminary injunction and dismissing the entire lawsuit. The only reason it gave for doing so was that Parnell and the other voters had waited too long to bring their lawsuit, and could not do so now, with the electoral college deadline being so close. The Pennsylvania Supreme Court did not address the fact that the mail-in voting legislation had not been passed in such a manner as to amend the Pennsylvania constitution.

What Happens Next?

If other lawsuit litigation is any predictor, Parnell and the other voters will now seek an expedited petition for a writ of certiorari. They will most likely also apply to Justice Alito—as Circuit Justice for the Third Circuit—for an emergency injunction barring the Pennsylvania Secretary of State from certifying the results of the election pending resolution of the cert petition. To obtain the Court’s review, Parnell and the other voters must show that the Pennsylvania Supreme Court’s decision somehow violates federal law. While the Pennsylvania Supreme Court’s decision is rooted in state law, a good argument can be made that it involves a federal question.

In interpreting the legislative power within the context of selecting Presidential Electors, the Supreme Court of the United States has held, “What is forbidden or required to be done by a state is forbidden or required of the legislative power under the state constitutions as they exist.” McPherson v. Blacker, 146 U.S. 1, 25 (1892). In other words, the “legislative power” to select Presidential Electors includes those limitations that state constitutions place on its legislatures—in this case, the Pennsylvania state constitution’s limiting of absentee voting to the above five situations. This may constitute a viable federal question for the Supreme Court of the United States to intervene. And while McPherson dates from 1892, its rationale is sound, and the Court has cited it as recently as 2015. See Ariz. State Legislature v. Ariz. Indep. Redistricting Comm’n, 576 U.S. 787, 839 (2015).

The other question is what weight, if any, the Supreme Court of the United States will give to Parnell’s supposed delay in bringing the lawsuit. I will admit that this is an area I have not examined much, and so I will refrain from commenting on it for the time being. But this much, at least, seems clear to me: the Pennsylvania mail-in voting law is unconstitutional.

 https://uncoverdc.com/2020/11/28/case-dismissed-analysis-of-decision-in-pennsylvanias-parnell-case/

10:32 PM · Nov 28, 2020·Twitter for Android

https://twitter.com/marklevinshow/status/1332890198330519555

Offline Smokin Joe

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Re: Pennsylvania: Legal Updates
« Reply #129 on: November 29, 2020, 06:08:27 am »
Interesting. I was under the impression that you had to be hurt to holler, so to speak. Suits brought to question the eligibility of one Barrack Obama for office of President were routinely dismissed, not because of the time that had passed, but on issues of "standing"--in short, the plaintiffs could show no injury, thus had no standing to pursue the matter.

I was under the impression that an injured Party had up to two years to sue for damages, and in this case, the law being passed, and the changes unconstitutionally made did not cause injury for roughly a year. Once injury could be claimed (a violation of one man/one vote equal protection), the suit proceeded quickly and well within the two year period usually limiting suits for damages, and also within two years of the law being passed, meeting standing and time frame. 

Considering it has been less than a month since that damage was incurred, and less than two years since the changes were (unconstitutionally) made, the premise on which the PA Supreme Court has dismissed the case (with prejudice, no less) is flawed.

The injury at issue as a result of a prima facie unconstitutional law is less than 30 days old, and regardless of age, the constitutionality of the law is the issue, and it would remain unconstitutional (along with any actions taken under it which superseded the constitutional constraints) no matter how much time had passed.
« Last Edit: November 29, 2020, 06:10:04 am by Smokin Joe »
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Offline Right_in_Virginia

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Re: Pennsylvania: Legal Updates
« Reply #130 on: December 01, 2020, 01:27:21 am »
We've got ourselves a fighter in PA ...  pointing-down

Senator Doug Mastriano
@SenMastriano


My proposal - SR410 - rejects Secretary Boockvar's premature certification of the presidential election, overturns the certification and – among other components – designates lawmakers with the authority to award presidential electors. @PASenateGOP

https://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2019&sind=0&body=S&type=R&bn=0410

8:06 PM · Nov 30, 2020·Twitter Web App

https://twitter.com/SenMastriano/status/1333578227890221056



« Last Edit: December 01, 2020, 01:29:04 am by Right_in_Virginia »

Offline Right_in_Virginia

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Re: Pennsylvania: Legal Updates
« Reply #131 on: December 01, 2020, 01:33:46 am »
Senator Doug Mastriano
@SenMastriano


President Trump called during my interview with @ericmetaxas and reviewed our hearing. Listen below:

Video:

https://twitter.com/SenMastriano/status/1333545380965986307

5:56 PM · Nov 30, 2020·Twitter for iPhone

Via YouTube:

Error 404 (Not Found)!!1

https://www.youtube.com/watch?feature=youtu.be&v=c3MAz7Pvp_o&app=desktop

Offline Right_in_Virginia

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Re: Pennsylvania: Legal Updates
« Reply #132 on: December 01, 2020, 01:47:10 am »

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Re: Pennsylvania: Legal Updates
« Reply #133 on: December 01, 2020, 01:52:52 am »
We've got ourselves a fighter in PA ...  pointing-down

Senator Doug Mastriano
@SenMastriano


My proposal - SR410 - rejects Secretary Boockvar's premature certification of the presidential election, overturns the certification and – among other components – designates lawmakers with the authority to award presidential electors. @PASenateGOP

https://www.legis.state.pa.us/cfdocs/billinfo/billinfo.cfm?syear=2019&sind=0&body=S&type=R&bn=0410

8:06 PM · Nov 30, 2020·Twitter Web App

https://twitter.com/SenMastriano/status/1333578227890221056

This is the State Senator who was meeting with the President last week in the Oval Office and had to leave because he was informed he tested positive for COVID 19.

I'm starting to think the Chinese have really fine-tuned the weaponization of this damn virus and the Marxists here have learned to transport it.

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Re: Pennsylvania: Legal Updates
« Reply #134 on: December 01, 2020, 04:41:02 am »
This is the State Senator who was meeting with the President last week in the Oval Office and had to leave because he was informed he tested positive for COVID 19.

I'm starting to think the Chinese have really fine-tuned the weaponization of this damn virus and the Marxists here have learned to transport it.
They don't need to weaponize the virus any further, the MSM has seen to the panic with the help of people who knew this virus long before it 'got out'.

The thing to 'weaponize' (and I believe this is being done) is the testing and test results, which can immobilize people, businesses, witnesses, and a nation.

In my state, COVID-19 only has a 98.8% survival rate (not counting the people who died with the virus and not of it.
How God must weep at humans' folly! Stand fast! God knows what he is doing!
Seventeen Techniques for Truth Suppression

Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.

C S Lewis

Offline Right_in_Virginia

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Re: Pennsylvania: Legal Updates
« Reply #135 on: December 01, 2020, 08:13:42 pm »

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Re: Pennsylvania: Legal Updates
« Reply #136 on: December 01, 2020, 10:59:40 pm »
Donald J. Trump
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Jesse Morgan—a truck driver (subcontractor) with USPS in PENNSYLVANIA...

Video:

https://twitter.com/realDonaldTrump/status/1333875814585282567

3:49 PM · Dec 1, 2020·Twitter for iPhone

Offline Right_in_Virginia

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Re: Pennsylvania: Legal Updates
« Reply #137 on: December 01, 2020, 11:10:46 pm »
Paging AG Barr ... Please pick up the white courtesy phone ~~~

Team Trump

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Colonel Shaffer on USPS subcontractor Jesse Morgan's story of 280,000 ballots shipped from Bethpage, NY to Lancaster, PA: "We have evidence of a MASSIVE transfer of completed, curated ballots ready to be injected into counting centers."

Video:  

https://twitter.com/TeamTrump/status/1333875528009453574

3:48 PM · Dec 1, 2020·Twitter Media Studio

Offline Right_in_Virginia

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Re: Pennsylvania: Legal Updates
« Reply #138 on: December 01, 2020, 11:14:47 pm »
More for you, Mr. Barr ~~

Team Trump
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Corroborated eyewitness testimony: 130,000 - 280,000 completed ballots were shipped from Bethpage, NY to Lancaster, PA; the ballots and trailer then disappeared

Video

https://twitter.com/TeamTrump/status/1333860114734977026


2:46 PM · Dec 1, 2020·Twitter Media Studio

Offline Right_in_Virginia

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Re: Pennsylvania: Legal Updates
« Reply #139 on: December 01, 2020, 11:41:40 pm »






« Last Edit: December 01, 2020, 11:44:13 pm by Right_in_Virginia »

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Re: Pennsylvania: Legal Updates
« Reply #140 on: December 02, 2020, 02:26:56 am »
Prayers up for the good Sen. Cruz. May his argument impress and persuade the court by the force of its righteousness. Amen.

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Re: Pennsylvania: Legal Updates
« Reply #141 on: December 02, 2020, 02:37:41 am »
Prayers up for the good Sen. Cruz. May his argument impress and persuade the court by the force of its righteousness. Amen.


Amen, Amen and Amen!! 
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Re: Pennsylvania: Legal Updates
« Reply #142 on: December 02, 2020, 05:11:55 pm »
Team Trump
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@JennaEllisEsq: Over 200,000 ballots are suspect and were counted illegally in Pennsylvania

Video:

https://twitter.com/TeamTrump/status/1334139492723269638

9:16 AM · Dec 2, 2020·Twitter Media Studio

Offline Right_in_Virginia

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Re: Pennsylvania: Legal Updates
« Reply #143 on: December 04, 2020, 10:09:12 pm »
Mark R. Levin
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WOW.  Letter from over 76 members of the PA legislature asking Congress to reject PA’s electors.  The focus is on multiple violations of Article II, Sec. 1, Cl. 2 by the Democrat Governor and Democrat Secretary of State.

http://www.pahousegopnews.com/AttachedFiles/12.04.20%20Congress%20Election%202020.pdf

5:05 PM · Dec 4, 2020·Twitter for Android

https://twitter.com/marklevinshow/status/1334982225088159744



« Last Edit: December 04, 2020, 10:10:47 pm by Right_in_Virginia »

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Re: Pennsylvania: Legal Updates
« Reply #144 on: December 04, 2020, 11:19:51 pm »
Jonathan Lai
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2h
PA GOP lawmakers: “3 U.S.C. §15, empowers Congress to reject electoral votes that are not ‘regularly given’ or ‘lawfully certified.’ The aforementioned conduct has undermined the lawful certification of Pennsylvania’s delegation to the Electoral College.”


Jonathan Lai
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2h
The PA GOP lawmakers also sent a letter calling on @JoshShapiroPA
 â€œto appoint an independent prosecutor to review these election irregularities, to ensure the statutes governing our elections were not violated, and to make recommendations to [legislature]”

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Re: Pennsylvania: Legal Updates
« Reply #145 on: December 05, 2020, 12:17:31 am »
Mark R. Levin
@marklevinshow


WOW.  Letter from over 76 members of the PA legislature asking Congress to reject PA’s electors.  The focus is on multiple violations of Article II, Sec. 1, Cl. 2 by the Democrat Governor and Democrat Secretary of State.

http://www.pahousegopnews.com/AttachedFiles/12.04.20%20Congress%20Election%202020.pdf

5:05 PM · Dec 4, 2020·Twitter for Android

https://twitter.com/marklevinshow/status/1334982225088159744

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Re: Pennsylvania: Legal Updates
« Reply #146 on: December 05, 2020, 12:37:03 am »
Alito Responds To Appeal Asking To Block Biden Win In PA

Jon Brown   â€¢   Dec 4, 2020


Justice Samuel Alito agreed on Thursday to review an appeal against the ruling of the Pennsylvania Supreme Court that tossed a suit alleging the state’s mail-in voting was unconstitutional.

Rep. Mike Kelly (R-PA) and other plaintiffs appealed to Alito to block Pennsylvania from certifying the battleground state’s electoral votes for Democratic nominee Joe Biden, according to The Associated Press. The plaintiffs argue that Pennsylvania’s mail-in voting was inherently unconstitutional because it required a constitutional amendment to be authorized.

Alito set Dec. 9 as the date for state officials to respond. That date is a day after the “safe harbor deadline.” After Dec. 8, Congress cannot challenge any electors named according to state law.

https://www.dailywire.com/news/alito-responds-to-appeal-asking-to-block-biden-win-in-pa
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Re: Pennsylvania: Legal Updates
« Reply #147 on: December 05, 2020, 03:20:30 pm »
Pennsylvania Gov. Says No Special Session Needed, ‘Time to Move on’ From Election
https://www.theepochtimes.com/pennsylvania-gov-says-no-special-session-needed-time-to-move-on-from-election_3605413.html
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Re: Pennsylvania: Legal Updates
« Reply #148 on: December 05, 2020, 11:32:08 pm »
Quote
Wolf also wrote on Twitter that, “President Trump’s own attorney general said there was no widespread fraud.”

Now you know why Barr's perfidy is so important to the Swamp. Not just slow walking investigations and running out the clock.
How God must weep at humans' folly! Stand fast! God knows what he is doing!
Seventeen Techniques for Truth Suppression

Of all tyrannies, a tyranny sincerely exercised for the good of its victims may be the most oppressive. It would be better to live under robber barons than under omnipotent moral busybodies. The robber baron's cruelty may sometimes sleep, his cupidity may at some point be satiated; but those who torment us for our own good will torment us without end for they do so with the approval of their own conscience.

C S Lewis

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Re: Pennsylvania: Legal Updates
« Reply #149 on: December 06, 2020, 01:46:19 am »
Now you know why Barr's perfidy is so important to the Swamp. Not just slow walking investigations and running out the clock.

And all the clarifications and restatements by DOJ following Barr’s comments, never make breaking news nor instill much confidence that 2020 election fraud will receive the urgency it deserves.