Is ACB going to back us up? I'm worried she's going to betray us lol, how come she didn't help us out with the PA case? Not trying to be a Debbie downer but I'm curious what you guys think.
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Is ACB going to back us up? I'm worried she's going to betray us lol, how come she didn't help us out with the PA case? Not trying to be a Debbie downer but I'm curious what you guys think.
Lawyer here. If the question in PA comes down to whether ballots received after Nov. 3 are counted, I believed Alito, Kavanaugh, Thomas, Gorsuch, and Barrett will side with Trump.
I think based on Kavanaugh's reasoning in the pre-election Wisconsin opinion below, and Alito's decision in the pre-election PA opinion below, both decisions in which Gorsuch has joined, these three will back Trump. Thomas is a lock for the fourth vote, and I believe Barrett will follow based on her stated loyalty to Scalia's originalism, along with the fact that the other conservative justices, particularly her contemporary Kavanaugh and the staunch and wonderful Alito - have made strong statements in support of deference to the PA legislature.
Don't be fooled by biased dishonest media (but I repeat myself) opining about Alito's opinion in the Oct 29 PA opinion. These vipers want you to believe the Court upheld the merits of the state court extension of the ballot deadline- but it ain't so. Alito states clearly that the court did not have time to expedite hearing the matter. He explicitly stated, quote - "there is a strong likelihood that the State Supreme Court decision violates the Federal Constitution." Thomas, Kavanaugh, and Gorsuch agreed that the state court order should be stayed, but that would have required a fifth vote, but Roberts cucked, and Barrett recused. Once we have Barrett's vote, we have the majority.
Read Kavanaugh's opinion in the Wisconsin case. It is a brilliant explication of the importance of regularity and order in our national elections. He foresees the exact scenario we are living through now. Bottom line is deadlines in elections matter, state legislatures set election rules and cannot be overturned or modified by state courts. As for PA, the legislature made it abundantly clear in legislation that ballots received after 8pm on election day are not to be counted.
Read these opinions in full. They will give you hope.
https://www.supremecourt.gov/opinions/20pdf/20a66_new_m6io.pdf (WI)
https://www.supremecourt.gov/opinions/20pdf/20-542_i3dj.pdf (PA)