SCotUS can hear state supreme court cases on appeal of constitutional questions, unless there is an independent and adequate state law ground for the state court ruling.
There doesn't appear to be one, as this ruling isn't rooted in the vagaries PA law.
Edit: simple answer, there's no ground for SCotUS not to hear the case, so it's almost certainly going to the Supreme Court. The only way it doesn't is if 6 justices say no.
Edit 2: for anyone thinking that there is no US Constitutional question, please read Bush v. Gore (or check the wikipedia for a quick overview). There are questions of Constitutional review concerning the state case, including but not limited to due process and Article 2 plenary power.
The constitution delegates the power to select electors to the state legislatures (which would include the voting process for that state). The PA legislature never approved the expanded mail-in voting that PA used for this election
The PA legislature did approve of it, but the law they passed was unconstitutional because the PA Constitution gives specific requirements for mail-in ballots.
theres 2 things re Act 77 that expanded mail-in ballots in PA from what I gather when listening to Bannon discussing this with Sean Parnell (the other plaintiff in this case):
The law (Act77) was passed with the goal of expanding the use of mail-in ballots but is unconstitutional because of specific requirements in the PA Constitution that are needed in order to change the conditions of use of mail-in ballots as the law was intent in doing.
After the law was passed, the PA governor and election officials went in just before the election and amended the law by going to the PA supreme court and basically took out safeguards put in the law (Act77) itself for accepting mail-in ballots. They went to the partisan PA supreme court and did not go through the legislature to do it. And that is also unconstitutional.
for both violation 1) and 2), SCOTUS can accept to hear the case. But especially in violation 2) as that is basic constitutional law 101 that affects every state : only the legislative branch can enact and amend laws, not the executive or judiciary branch as it has been done in PA.
That is my understanding of the situation . If I am wrong somewhere, dont hesitate to correct me.
Also, it's worth noting that the legislature had given the authority over voting in PA to the Secretary of State. They are in the process of rescinding this.
But SCOTUS cannot hear a case based on the PA constitution. The PA Supreme Court is cucked.
Edit: I see a lot of people getting butthurt about this response. The US Supreme Court cannot rule on whether or not a PA law violates the PA constitution. There are other, ongoing cases regarding the Constitutional validity of the voting deadline changes (among other things), that Trump will almost certainly win.
Fuck any SCOTUS justice if they rule against us or if they punt it back to state courts. Also, if they punt it back while they all 9 claim to be "anonymous" and don't make themselves known publically because they are too chickenshit then fuck all the conservative justices.
No it doesn’t. Idk why this low level shit is getting passed around so much. The state appoints electors, not the legislature, the legislature gets to choose the manner in which that happens. They chose to do it by popular vote and they had to direct that manner by nov 3, the date congress set for the election. Legislature does not get to change it after the fact, at least not untill unless scotus rules on the constitutional clauses stoping them.
The Legislature can decide the electors at the last minute if it so chooses and can absolutely go against popular vote. One good cause would be the discovery of massive fraud, but a more likely cause would be the discovery that the winning candidate was unfit for office (such as having secretly been born outside the U.S. or only being 30 years old).
The secretary of state changed the voting rules without legislative approval, which is illegal under the constitution because the legislature did not give the sos the power to do that
Legislature the other day said that that never went through them - Governor signed it immediately upon it hitting his desk. Then said any challenge would be immediately veto'd
Why did they try so hard to push this through without the legislature. very interesting.
This is literally a procedural constitutional lawsuit and the PA SC decided to just not hear the case based on shaky ground of not being filed in a timely manner.
It means yes, because it literally doesn't matter what any of these lower courts say.
If 4 of the 9 Supreme Court Justices say they will hear the case, it goes to the Supreme Court. Alito, Gorsuch, Kavanaugh, and Barrett are almost certainly going to allow it.
Given the PA supreme court is overwhelmingly democrat, they were definitely expecting it to get get thrown out, yes. Which means it now gets to go to the actual supreme court, where we hold the majority even if Roberts cucks, and that's the end of it. Supreme Court ruling is final.
Not the plan for it to be thrown out. That was just the expected outcome. So nothing to be worried about. It was always the expectation that the case would be appealed, including if the PA SC ruled in favor of the republicans.
So losing a pretty clear-cut case in a sate state Supreme Court is “going to plan?”
I don’t like the idea of always relying on the SCOTUS to be the backstop for everything, especially given how politicized it has become. Seems like having the states do the right thing would avoid a lot of headaches and potential risk.
Wouldn’t a better plan have bin to just win the case?
The PA SC was never going to do anything in trumps favor or make anything easy is the point hes making. As much as we all wouldve liked for this to be settled today it's not really surprising this dem heavy court found a way to kick it back
Did you not see the flimsy nonsense they rejected the case on?
Do you really think there was a snowball in hell chance of winning that case?
It is a stepping stone. That’s it. That’s all it ever could have been. The rejection is expected.
You may not like relying on the SC, but that is where we are at. You don’t like how it is politicized, but I don’t like how mortal kombat, my kid’s homework, and even my aquarium magazines, are politicized. Everything is politicized, now. It’s actually been that way for a while. In six months, when there’s pandemonium, as pissed off leftists burn down their own cities, are you going to like where we are at? I’m not, but if we win with this, the breakdown is inevitable. Actually, the breakdown is inevitable anyway.
The country is dysfunctional. The justice systems is dysfunctional. It’s never going to be like it was.
We can win this one, and postpone the reckoning another four years, at least. War will eventually be inevitable, though. There’s no avoiding that.
Yes, if the Courts fail to rectify this and continue to act in this illegitimate manner, the United States has dissolved and no longer exists as a legal legitimate entity.
It'll be okay, brother. Like Rudy said, these areas are Democrat-ran and Democrat-controlled. Their police are liberal hacks, their sheriff's are libeal hacks, and their local justice systems are liberal hacks. Within every echelon of state government, it's nut-to-butt with Biden dick-riding losers,
No matter how well Trump does in the lower courts, the presidential election MUST end in the highest court. Until that final battle comes, don't let these godless liberal faggots fuck up your day. We will have the last laugh and it will be top five MOST significant elections in our country's history.
Be proud that you and I are around to spread the good word of Kekistan!!
Does that mean it will go to the federal Supreme Court now?
Legal pede here:
SCotUS can hear state supreme court cases on appeal of constitutional questions, unless there is an independent and adequate state law ground for the state court ruling.
There doesn't appear to be one, as this ruling isn't rooted in the vagaries PA law.
Edit: simple answer, there's no ground for SCotUS not to hear the case, so it's almost certainly going to the Supreme Court. The only way it doesn't is if 6 justices say no.
Edit 2: for anyone thinking that there is no US Constitutional question, please read Bush v. Gore (or check the wikipedia for a quick overview). There are questions of Constitutional review concerning the state case, including but not limited to due process and Article 2 plenary power.
The constitution delegates the power to select electors to the state legislatures (which would include the voting process for that state). The PA legislature never approved the expanded mail-in voting that PA used for this election
The PA legislature did approve of it, but the law they passed was unconstitutional because the PA Constitution gives specific requirements for mail-in ballots.
theres 2 things re Act 77 that expanded mail-in ballots in PA from what I gather when listening to Bannon discussing this with Sean Parnell (the other plaintiff in this case):
The law (Act77) was passed with the goal of expanding the use of mail-in ballots but is unconstitutional because of specific requirements in the PA Constitution that are needed in order to change the conditions of use of mail-in ballots as the law was intent in doing.
After the law was passed, the PA governor and election officials went in just before the election and amended the law by going to the PA supreme court and basically took out safeguards put in the law (Act77) itself for accepting mail-in ballots. They went to the partisan PA supreme court and did not go through the legislature to do it. And that is also unconstitutional.
for both violation 1) and 2), SCOTUS can accept to hear the case. But especially in violation 2) as that is basic constitutional law 101 that affects every state : only the legislative branch can enact and amend laws, not the executive or judiciary branch as it has been done in PA.
That is my understanding of the situation . If I am wrong somewhere, dont hesitate to correct me.
Also, it's worth noting that the legislature had given the authority over voting in PA to the Secretary of State. They are in the process of rescinding this.
So your telling me Pa republicans passed a stupid law then
But SCOTUS cannot hear a case based on the PA constitution. The PA Supreme Court is cucked.
Edit: I see a lot of people getting butthurt about this response. The US Supreme Court cannot rule on whether or not a PA law violates the PA constitution. There are other, ongoing cases regarding the Constitutional validity of the voting deadline changes (among other things), that Trump will almost certainly win.
Fuck any SCOTUS justice if they rule against us or if they punt it back to state courts. Also, if they punt it back while they all 9 claim to be "anonymous" and don't make themselves known publically because they are too chickenshit then fuck all the conservative justices.
No it doesn’t. Idk why this low level shit is getting passed around so much. The state appoints electors, not the legislature, the legislature gets to choose the manner in which that happens. They chose to do it by popular vote and they had to direct that manner by nov 3, the date congress set for the election. Legislature does not get to change it after the fact, at least not untill unless scotus rules on the constitutional clauses stoping them.
The Legislature can decide the electors at the last minute if it so chooses and can absolutely go against popular vote. One good cause would be the discovery of massive fraud, but a more likely cause would be the discovery that the winning candidate was unfit for office (such as having secretly been born outside the U.S. or only being 30 years old).
The secretary of state changed the voting rules without legislative approval, which is illegal under the constitution because the legislature did not give the sos the power to do that
But Act 77 is in direct violation of the state constitution for PA, you stupid leftie shill.
this from a comment 9 days old and fuel of shilling, ok sure whatever you say guy.
Legislature the other day said that that never went through them - Governor signed it immediately upon it hitting his desk. Then said any challenge would be immediately veto'd
Why did they try so hard to push this through without the legislature. very interesting.
This sounds like a disagreement for the SCOTUS to decide.
This is literally a procedural constitutional lawsuit and the PA SC decided to just not hear the case based on shaky ground of not being filed in a timely manner.
Timely manner, filled the next fucking day????
The PA Supreme Court is like 5 D, 2 R, the result is expected...
Well - and she actually didn’t certify procedurally.
This doesn't have anything to do with certification other than the judge has halted certification until after the legal proceedings are finished.
Which is fully reviewable by the Supreme Court!
Non legal pede here. Does this mean yes or no.
It means yes, because it literally doesn't matter what any of these lower courts say.
If 4 of the 9 Supreme Court Justices say they will hear the case, it goes to the Supreme Court. Alito, Gorsuch, Kavanaugh, and Barrett are almost certainly going to allow it.
Hold the line.
Clarence "Dark Winter" Thomas will likely also hold the line
Clarence Thomas will almost certainly rule in favor of hearing the case. I would be shocked if he didn’t.
Is it 4 or 6? A pede above with legal experience said 6. I prefer your answer of course.
Is there enough time ffs our SCOTUS is dog shit right now.
What does it mean for dummies??
just hold tight to your boomstick and charge when we say charge in Minecraft.
Unless 6 Justices say no, yes
So will this go to the SCOTUS?
It should, there is enough evidence from what I have seen in the affidavits. Lying on signed affidavits is perjury.
Unless 6 Justices say no, yes
Do 6 justices have to say no or do 4 justices have to say yes?
Full speed, no brakes.
Its all going to plan pedes
Whoever downvoted this is a doomer and needs to reconsider their life choices
Doomers need to disembark from the front of the MAGA Train🇺🇲🇺🇲🇺🇲
It needed to get thrown out so that the case can be appealed to the Supreme Court.
Given the PA supreme court is overwhelmingly democrat, they were definitely expecting it to get get thrown out, yes. Which means it now gets to go to the actual supreme court, where we hold the majority even if Roberts cucks, and that's the end of it. Supreme Court ruling is final.
Not the plan for it to be thrown out. That was just the expected outcome. So nothing to be worried about. It was always the expectation that the case would be appealed, including if the PA SC ruled in favor of the republicans.
So losing a pretty clear-cut case in a sate state Supreme Court is “going to plan?”
I don’t like the idea of always relying on the SCOTUS to be the backstop for everything, especially given how politicized it has become. Seems like having the states do the right thing would avoid a lot of headaches and potential risk.
Wouldn’t a better plan have bin to just win the case?
The PA SC was never going to do anything in trumps favor or make anything easy is the point hes making. As much as we all wouldve liked for this to be settled today it's not really surprising this dem heavy court found a way to kick it back
Do you think that is possible?
Did you not see the flimsy nonsense they rejected the case on?
Do you really think there was a snowball in hell chance of winning that case?
It is a stepping stone. That’s it. That’s all it ever could have been. The rejection is expected.
You may not like relying on the SC, but that is where we are at. You don’t like how it is politicized, but I don’t like how mortal kombat, my kid’s homework, and even my aquarium magazines, are politicized. Everything is politicized, now. It’s actually been that way for a while. In six months, when there’s pandemonium, as pissed off leftists burn down their own cities, are you going to like where we are at? I’m not, but if we win with this, the breakdown is inevitable. Actually, the breakdown is inevitable anyway.
The country is dysfunctional. The justice systems is dysfunctional. It’s never going to be like it was.
We can win this one, and postpone the reckoning another four years, at least. War will eventually be inevitable, though. There’s no avoiding that.
"going to plan" is better stated as "going as expected"
It's not always possible to win a particular "event" but it's also not damaging to lose a particular "event" either.
No. Trump said it election night.
"We are going to take this to the Supreme Court"
Win the case in a court completely stacked with Dims? Good luck w/that.
Four SCotUS judges can decide to hear the case.
They won’t though, they would have to overturn so many of there own cases about state rights to hear this.
Civil War is increasingly necessary
Yes, if the Courts fail to rectify this and continue to act in this illegitimate manner, the United States has dissolved and no longer exists as a legal legitimate entity.
Cucked Scotus judge who should be an R but always votes with the Dems. Bush appointee
I dont think you know how this works.
I think so
Remember all these people who threw out cases and keep a log. These people are guilty of treason and must be arrested.
Yes
If they agree to pick it up. Yep.
It'll be okay, brother. Like Rudy said, these areas are Democrat-ran and Democrat-controlled. Their police are liberal hacks, their sheriff's are libeal hacks, and their local justice systems are liberal hacks. Within every echelon of state government, it's nut-to-butt with Biden dick-riding losers,
No matter how well Trump does in the lower courts, the presidential election MUST end in the highest court. Until that final battle comes, don't let these godless liberal faggots fuck up your day. We will have the last laugh and it will be top five MOST significant elections in our country's history.
Be proud that you and I are around to spread the good word of Kekistan!!
It will go to commonwealth. Not sure if that means it has a path to SCOTUS
(here's sean parnell talking about it) https://youtu.be/2QJxJpaWvME?t=6020
Common wealth is a lower court to the SCOTUS of PA right?
"There's another settlement that needs our help!"