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Pennsylvania Election Officially Contested

29 点作者 heshiebee超过 4 年前

16 条评论

molyss超过 4 年前
What stops any heavily democratic state file a similar lawsuit against Texas and a few other &quot;swing states&quot; that voted republican ? (I&#x27;m putting swing states in quotes because I think the meaning of the words changes depending on who you ask.)<p>It seems to me that at least 2 points raised in the lawsuit, while they might be technically valid, were also used by various local governments in Texas (non-legislative bodies amending election laws, favoring the party of the local government&#x27;s party).<p>The 3rd point could easily be argued the other way around, given the global lack of evidence for election mishandling on all states.<p>The real problem here is that attorneys don&#x27;t get punished for bringing frivolous lawsuits, even though they have a significant cost to society. I think that&#x27;s a massive issue with the US judiciary system. In this case, qualified immunity would probably protect the AG of Texas from being personally liable, which is another issue with the current system IMO.
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stakkur超过 4 年前
It&#x27;s all done for appearances and fundraising. Most of the machinations you&#x27;re seeing lately by Republicans are; there&#x27;s no sincere attempt to change the election, or belief that it can be changed.
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throw0101a超过 4 年前
An observation about SCOTUS (not) taking state-versus-state cases:<p>&gt; <i>5. One of the factors the Justices look to is whether the </i>issues <i>in the case can be resolved in other cases in the lower courts, even if not between the same parties. Thus, the Court usually denies leave unless it&#x27;s a</i> uniquely <i>state-state dispute (again, like borders&#x2F;water).</i><p>&gt; <i>6. Among lots of other things, that&#x27;s almost certainly fatal to this crazy new Texas suit. As we&#x27;ve seen, these claims are already being brought in private suits in each of those states. Texas offers no explanation for why the issues can&#x27;t be (and aren&#x27;t being) addressed there.</i><p>&gt; <i>7. And it&#x27;s not for nothing that the Justices don&#x27;t</i> like <i>&quot;original&quot; cases, partly because they don&#x27;t come with a well-developed record and set of opinions from lower courts.</i><p>&gt; <i>Indeed, the &quot;original&quot; docket has shrunk to an average of &lt;1 argued case per Term in recent years.</i><p>&gt; <i>8. The other reason they don&#x27;t like these cases is because they&#x27;re worried about opening the floodgates. If Texas can sue these states over how they conduct their elections, what&#x27;s to stop Vermont from suing Texas over how it regulates the oil industry, or other permutations.</i><p>* <a href="https:&#x2F;&#x2F;twitter.com&#x2F;steve_vladeck&#x2F;status&#x2F;1336329907400425488" rel="nofollow">https:&#x2F;&#x2F;twitter.com&#x2F;steve_vladeck&#x2F;status&#x2F;1336329907400425488</a><p>Another case against PA was dismissed today:<p>* <a href="https:&#x2F;&#x2F;www.politico.com&#x2F;news&#x2F;2020&#x2F;12&#x2F;08&#x2F;supreme-court-rejects-bid-to-overturn-bidens-win-in-pennsylvania-443751" rel="nofollow">https:&#x2F;&#x2F;www.politico.com&#x2F;news&#x2F;2020&#x2F;12&#x2F;08&#x2F;supreme-court-rejec...</a>
dvt超过 4 年前
Pretty clever move by the GOP lawyers, making it an interstate issue (which, by definition, only SCOTUS can handle). Obviously SCOTUS can see through this, but it&#x27;s a neat little legal strategy, regardless. I guess my only question would be if Texas really has standing here.
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conroy超过 4 年前
Flagged for an editorialized headline. Can the title be changed to &quot;Texas, Plaintiff v. Pennsylvania, et al.&quot;?
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everybodyknows超过 4 年前
&gt;Texas, Plaintiff v. Pennsylvania, et al.<p>The &quot;et al&quot; being Georgia, Wisconsin, Michigan.
everybodyknows超过 4 年前
Contest over:<p><a href="https:&#x2F;&#x2F;www.nytimes.com&#x2F;2020&#x2F;12&#x2F;08&#x2F;us&#x2F;supreme-court-republican-challenge-pennsylvania-vote.html" rel="nofollow">https:&#x2F;&#x2F;www.nytimes.com&#x2F;2020&#x2F;12&#x2F;08&#x2F;us&#x2F;supreme-court-republic...</a><p><a href="https:&#x2F;&#x2F;www.supremecourt.gov&#x2F;orders&#x2F;courtorders&#x2F;120820zr_bq7d.pdf" rel="nofollow">https:&#x2F;&#x2F;www.supremecourt.gov&#x2F;orders&#x2F;courtorders&#x2F;120820zr_bq7...</a>
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GaltMidas超过 4 年前
Does anyone know if &quot;docketed&quot; means that SCOTUS granted Certiorari?
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jcranmer超过 4 年前
Anyone who thinks that Texas has a shot of winning is either high or knows nothing of law.<p>The basis of the case is that PA, GA, WI, and MI erred in enacting unconstitutional election measures, and therefore their election results should be annulled. And this <i>must</i> fail for <i>several</i> reasons.<p>First, Texas doesn&#x27;t have standing to sue. Texas isn&#x27;t injured by Pennsylvania&#x27;s laws. Texas argues its standing on the basis of--wait for it--it makes its electoral votes meaningless. However, the electoral college has a fixed number of votes, so Texas can&#x27;t even make a &quot;vote dilution&quot; basis for its votes, which is how the usual basis for standing. Therefore, the manner of which any other state chooses its votes <i>literally</i> has no effect on Texas&#x27;s vote, although this would theoretically change if Texas adopted the National Popular Vote Compact.<p>Second, jurisdiction. These are challenges of other states&#x27; laws, other states&#x27; practices, and sometimes against other states&#x27; constitutions (the claim against PA in particular for the latter). The natural forum for this would obviously be the relevant state courts, although states can&#x27;t sue each other in state courts usually--which brings back to standing, as Texas not having the ability to sue for these claims strongly suggests that Texas doesn&#x27;t have standing in the first place.<p>Third, these claims have already been litigated, and already lost, and sometimes those losses have been repeatedly reaffirmed. That horse is well and truly dead, so stop beating it.<p>Fourth, election procedure claims that arise <i>after</i> the election are <i>strongly</i> disfavored. You usually have to justify why you couldn&#x27;t bring the claim before the election, and waiting a full month after the election to bring the case does not look good (of course, see point #3 for why Texas brought the case).<p>Fifth, for SCOTUS original jurisdiction claims specifically, SCOTUS really doesn&#x27;t like original jurisdiction. So states really need to show why they couldn&#x27;t bring the claim up in other forums. Such as objecting to electors in the House, which is how the Constitution explains it is supposed to be done. (Of course, there is a law that says that votes certified by a specific date will not be questioned by the House).<p>Finally, relief. It&#x27;s established in SCOTUS precedent that, even in election procedure claims arising after the election, the votes that are validly cast under the procedure are still to be counted. Asking the state legislatures to select their electoral slates as relief is not only literally unprecedented, but it is the <i>exact opposite</i> of what precedent specifies for relief.<p>This is the stupidest of the election cases I&#x27;ve seen so far, and I thought the legislator arguing that he couldn&#x27;t reasonably be expected to know the law was pretty bad.
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ada1981超过 4 年前
Why is this flagged? This is actual news from the us gov. Trolls...
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imoverclocked超过 4 年前
“... The American Experiment will founder.”<p>I think they meant “flounder” but it’s only words. I’m always amazed when I read official documents that will likely live long beyond my lifetime which contain silly typos or obviously flawed reasoning.
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iaw超过 4 年前
The title is pretty misleading with &quot;officially&quot; in there. It should probably be the title of the case right?
erichocean超过 4 年前
I&#x27;m not convinced any court, anywhere, will hear any case regarding the 2020 election—even if it would have been willing to do so in past elections, or in the future, and even if a judge personally believe&#x27;s the case has merit. Certainly that&#x27;s been the case so far.<p>To do so in 2020 is to legitimize Trump&#x27;s assault on the country, and I just don&#x27;t see the courts doing that.<p>It&#x27;s better to just dismiss every case regardless of the merits. Republican voters aren&#x27;t going to do anything about the election result once Biden has been inaugurated in January.
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_red超过 4 年前
Interesting that the Harvard statistician they used as an expert witness says:<p>&quot;the probability of Joe Biden winning the popular vote in the four states independently given President Trump’s early lead in those States as of 3 a.m. on November 4, 2020, is less than one in a quadrillion.&quot;<p>This seems to indicate fraud.
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LatteLazy超过 4 年前
Didn&#x27;t trump already sue and then have to withdraw the case? If so, what is this?<p>Why does it say &quot;Texas vs&quot;, is texas suing?<p>Edit: Yes, it is Texas, the state. They&#x27;re also suing 3 other states in the same complaint. And they&#x27;ve made a spelling&#x2F;grammar mistake and misused i.e. And they seem very light on detail. Is this serious?<p>They also allege other states did the exact same things they did (preferential treatment of areas voting the way the state government leans) which is hypocritical. I thought texas was classier than that.<p>Sorry, I find this whole process baffling to be honest...
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99_00超过 4 年前
I look forward to this being going to an arena where both sides have to follow the same rules and have equal opportunity to state their case.<p>I heard that Ted Cruz say he would argue this. If he does, I feel sorry for whoever is across from him.<p><a href="https:&#x2F;&#x2F;www.youtube.com&#x2F;watch?v=0squnOeXqLU" rel="nofollow">https:&#x2F;&#x2F;www.youtube.com&#x2F;watch?v=0squnOeXqLU</a>
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