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PENNSYLVANIA: Judge rules 2020 Pennsylvania election likely was unconstitutional, gives State legislators power to choose electors!

November 28, 2020 by BareNakedIslam 8 Comments

Pennsylvania Judge Patricia A. McCullough filed a Memorandum of Opinion on Friday stating the Pennsylvania preliminary ELECTION CERTIFICATION injunction was PROPERLY ISSUED and should be upheld. McCullough added this, “Additionally, petitioners appear to have established a likelihood to succeed.”

The Gateway Pundit

See Judge’s opinion HERE

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Filed Under: ELECTION 2020

Reader Interactions

Comments

  1. Az gal says

    November 28, 2020 at 4:07 pm

    Great news. Im not surprised it’s PA- a great state.

    Reply
  2. animatedgifman says

    November 28, 2020 at 3:28 pm

    The subject header of this article reads: “PENNSYLVANIA: Judge rules 2020 Pennsylvania election likely was unconstitutional, gives State legislators power to choose electors!”
    Let’s dissect that and give Trumplicans a little ‘reality check’ (something woefully and wholly lacking from this Administration for these past four years) …
    No judge *ruled* that the Pennsylvania election (or its processes) were unconstitutional. A judge offered her *dissenting and minority OPINION* about an injunction to delay the certification of Pennsylvania’s vote totals, period. As of yesterday, ALL rulings have been made and Pennsylvaina’s entire electoral process has been found to be perfectly constitutional, valid, above board, etc. and their election results were finalized and certified, period.

    We all know the maxim on opinions. ‘Opinions are like assholes, everyone has one and most of them stink’.

    *Trump campaign loses [final] appeal in Pennsylvania” (28 November 2020)*

    “The Trump campaign lost another battle Friday in their attempt to prove mass fraud in the election, something thus far they’ve been unable to do. This time, the Third Circuit Court of Appeals denied the campaign’s request for an injunction in Pennsylvania to undo the Keystone State’s certification of its votes.

    Trump-appointed Judge Stephanos Bibas, who wrote the opinion for the three-judge panel, said the campaign’s arguments have no merit. Pennsylvania certified its election results last week, and the federal government’s General Services Administration has allowed for the formal transition process to take place.

    “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,” Bibas wrote in his opinion.

    Specifically, the Trump campaign objected that Pennsylvania’s secretary of state and some counties restricted poll watchers and allowed voters to fix technical issues with mail-in ballots. Bibas rejected those claims.

    “This case is not about whether those claims are true. Rather, the campaign appeals on a very narrow ground: whether the District Court abused its discretion in not letting the campaign amend its complaint a second time. It did not,” Bibas wrote. “…Nor does the campaign deserve an injunction to undo Pennsylvania’s certification of its votes. The campaign’s claims have no merit. The number of ballots it specifically challenges is far smaller than the roughly 81,000-vote margin of victory. And it never claims fraud or that any votes were cast by illegal voters.”

    Trump campaign attorneys Jenna Ellis and Rudy Giuliani reacted to the decision on Twitter: “The activist judicial machinery in Pennsylvania continues to cover up the allegations of massive fraud. We are very thankful to have had the opportunity to present proof and the facts to the PA state legislature. On to SCOTUS!”

    Last week, BONNI surprised me by suggesting that after more than four years posting here that I was a “Never Trumper”… Nothing could be further from the truth (and I stated a number of instances and Trump Administration policy decisions where I was lockstep in sync with President Trump like Immigration reform, border security, Muslim travel ban, and his stewardship of the economy prior to COVID-19 was nothing short of remarkable (and even during the current height of the pandemic, the Dow Jones Industrial Average has hit 30K for the very first time in recorded history). Long and short, I am NOT a “Never Trumper”, I am just not an “Always Trumper”.

    people are entitled to their own opinions, but contrary to what Kellyann Conway and Rudy “Ghouliani” would have you believe, thet are NOT entitles to their own set of (alternative) ‘FACTS’.

    This election has been decided (and as President Trump said in 2016, attaining ~306 Electoral Votes is a ‘landslide’ and sets a clear and present mandate for President-Elect Biden.

    DON’T LET MY HAIR DYE RUN – A Founders Sing Parody of Billy Joel’s “Only The Good Die Young”

    Reply
    • Bubba Grump's Nutz says

      November 29, 2020 at 10:35 am

      You seem to have a lot of “down time” on your hands.
      I want to see you post after the big steal is exposed, and TRUMP is STILL YOUR PRESIDENT for 4 more years.
      It’s okay…..you can cry on my shoulder……

      Reply
  3. OldFlorida Bast*rd says

    November 28, 2020 at 1:02 pm

    The power to establish election laws and electors lies with the state legislature, not the Governor, Sec. of State, or some judge. So the judge was correct in stating the “obvious” that the state legislature, as outlined in both the US and state constitutions, controls the election. This coupled with all the citizens showing up at hearings has the state legislatures seeing that they can’t pass their responsibility to the judiciary or someone else.

    Reply
  4. VMS says

    November 28, 2020 at 12:37 pm

    The lede should not have said “additionally,” since likelihood of success on the merits is one of the elements of granting a preliminary injunction. A preliminary injunction is an equitable remedy to keep the status quo during the pendency of a case where the failure to do so would cause irreparable harm and highly prejudice the one seeking the injunction if it were not given.

    So, if a neighbor is constructing a fence on your side of the property line where he will necessarily remove a 50 year old oak that you claim is on your side of the property line, the court will issue a preliminary injunction if you can prove a likelihood of success on the merits (such as a survey showing the tree on your property). Irreparable harm in this case is obvious.

    If you change the facts slightly, so that the neighbor is putting up a fence a foot onto your property, the court probably would not grant a preliminary injunction, because the court can always order the fence to be removed. I.e. there is no irreparable harm.

    Reply
  5. Classy Infidel says

    November 28, 2020 at 12:33 pm

    The Pennsylvania House has 203 members of which 113 Republicans and 90 Democrats.

    Just in: 26 Pennsylvania House Republicans call for withdrawing certification of presidential electors.

    The states that haven’t certified yet, except California, are waiting to see what happens with Pennsylvania. They don’t want to have to go through the certification process if they know their election was rigged and will be subjected to same.

    God Bless President Trump and his legal team.

    Reply
  6. Linda Rivera says

    November 28, 2020 at 12:19 pm

    WONDERFUL!!!

    Reply
  7. Hadenoughalready says

    November 28, 2020 at 12:15 pm

    And one by one, the dominoes begin to fall…
    What say you now, ye naysayers???
    NEVER give up hope, my friends. And NEVER surrender your Faith!
    Miracles DO happen…

    Reply

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