Recommended by Ricochet Members Created with Sketch. Missouri, Ohio and Other States Now Suing Pennsylvania – Amicus Briefs Filed with SCOTUS

 

The proverbial Fat Lady just sat down and is taking an extended break. It ain’t over folks. It’s just getting started.

Here is an excerpt from the Ohio Amicus Brief (emphasis mine):

STATEMENT OF AMICUS INTEREST AND SUMMARY OF ARGUMENT*

Ohio is not here because it objects, as a policy matter, to absentee voting. To the contrary, “[t]here is nodispute that Ohio is generous when it comes to absentee voting—especially when compared to other states.” Mays v. LaRose, 951 F.3d 775, 779–80 (6th Cir. 2020). Ohio’s interest in this case also has nothing to do with any abstract concern about counting ballots received after Election Day. In fact, Ohio itself counts absentee ballots received within ten days of Election Day, as long as those ballots are postmarked by the day before Election Day. Ohio Rev. Code §3509.05(B)(1).

Ohio is interested in this case because reversal is crucial to protecting the Constitution’s division of authority over state election laws. The United States Constitution says that “[e]ach State shall appoint” electors “in such Manner as the Legislature thereof may direct.” Art. II, §1, cl.2 (emphasis added). The Pennsylvania legislature directed that electors for the 2020 election would be chosen through votes cast in person and by absentee ballot. But it expressly mandated that absentee ballots would count only if received by 8 p.m. on Election Day. Pet.App.16a (quot- ing 25 P.S. §3150.16(a)). Instead of respecting that decision, Pennsylvania’s Supreme Court rewrote state law, ordering election officials to count ballots—including ballots with no postmarks or illegible postmarks—received within three days after Election Day.

I guess other states have an issue with voter suppression of their results from another state in a federal election that could unlawfully elect Mr. Biden.

Does everyone have enough popcorn?

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  1. DonG (Biden is compromised) Coolidge

    I don’t know how people out of state have standing. That said, stock up on popcorn and TP.

    • #1
    • November 9, 2020, at 12:19 PM PST
    • 3 likes
  2. Biden Pure Demagogue Coolidge
    Biden Pure Demagogue Joined in the first year of Ricochet Ricochet Charter Member

    • #2
    • November 9, 2020, at 12:22 PM PST
    • 36 likes
  3. Hoyacon Member

    DonG (skeptic) (View Comment):

    I don’t know how people out of state have standing. That said, stock up on popcorn and TP.

    Lefty lawyers have regularly attempted to expand traditional notions of standing for quite awhile. I’m sure that they’ll rally to the cause. 

    • #3
    • November 9, 2020, at 12:28 PM PST
    • 7 likes
  4. No Caesar Thatcher
    No Caesar Joined in the first year of Ricochet Ricochet Charter Member

    DonG (skeptic) (View Comment):

    I don’t know how people out of state have standing. That said, stock up on popcorn and TP.

    It’s an amicus brief. They are supporting the suit.

    • #4
    • November 9, 2020, at 12:28 PM PST
    • 15 likes
  5. Susan Quinn Contributor

    I agree with @dong. Why should one state care what another one does? I must be missing something. . .

    • #5
    • November 9, 2020, at 12:29 PM PST
    • 1 like
  6. Brian Watt Member
    Brian Watt Joined in the first year of Ricochet Ricochet Charter Member

    DonG (skeptic) (View Comment):

    I don’t know how people out of state have standing. That said, stock up on popcorn and TP.

    Well, the other states were abiding by their own states’ constitutions and the US Constitution. Allowing the Pennsylvania Supreme Court, which is not a law-making body, to unconstitutionally rewrite a law is in conflict with PA’s own constitution sets a precedent that other state supreme courts in future could also violate their own state constitutions and the US Constitution. It would be a massive upheaval of the separation of powers across the country.

    I believe this is why Alito ordered that PA votes that came in late be separated. If election officials didn’t follow the Justice Alito’s order and claim they can’t discern which ballots came in late per the PA Supreme Court’s new law; then there’s an outside chance that the 5 conservative justices on SCOTUS could vacate Pennsylvania’s entire vote count and either mandate a new election in PA or make a ruling that Pennsylvania’s election is null and void for the 2020 election. 

    • #6
    • November 9, 2020, at 12:31 PM PST
    • 18 likes
  7. Hoyacon Member

    Susan Quinn (View Comment):

    I agree with @dong. Why should one state care what another one does? I must be missing something. . .

    #4 above gets to the point. However, I think it’s also possible to make a case that, in a national election, one state has an interest in how another state conducts voting that may be decisive for all states.

    • #7
    • November 9, 2020, at 12:33 PM PST
    • 21 likes
    • This comment has been edited.
  8. Jerry Giordano (Arizona Patrio… Member

    Susan Quinn (View Comment):

    I agree with @dong. Why should one state care what another one does? I must be missing something. . .

    Ohio cares because if SCOTUS holds that the Constitution allows a state court to overrule a state legislature regarding election procedures, that rule would apply in Ohio also.

    • #8
    • November 9, 2020, at 12:56 PM PST
    • 23 likes
  9. carcat74 Member

    On having to use binoculars—aren’t there makes that have telephoto lens? Also, I’d sneak a bunch of tiny drones with cameras and record functions in. Small enough to be thought a bee, or murder hornet…

    • #9
    • November 9, 2020, at 1:17 PM PST
    • 4 likes
  10. ctlaw Coolidge

    Brian Watt: Does everyone have enough popcorn?

    Docket with all briefs:

    https://www.supremecourt.gov/search.aspx?filename=/docket/docketfiles/html/public/20-542.html

    • #10
    • November 9, 2020, at 1:27 PM PST
    • 7 likes
  11. Kozak Member
    Kozak Joined in the first year of Ricochet Ricochet Charter Member

    DonG (skeptic) (View Comment):

    I don’t know how people out of state have standing. That said, stock up on popcorn and TP.

    Federal law addresses voter discrimination. Sure seems to me the voters in those states were disenfranchised if PA cheated.

    • #11
    • November 9, 2020, at 1:31 PM PST
    • 20 likes
  12. ctlaw Coolidge

    Biden Pure Demagogue (View Comment):

    This is more as if at the same time Epstein killed himself, four former Lolita Express pilots died when their four separate present aircraft were hit by meteors and a fifth meteor took out Epstein’s island.

    • #12
    • November 9, 2020, at 1:31 PM PST
    • 17 likes
  13. ctlaw Coolidge

    ctlaw (View Comment):

    Biden Pure Demagogue (View Comment):

    This is more as if at the same time Epstein killed himself, four former Lolita Express pilots died when their four separate present aircraft were hit by meteors and a fifth meteor took out Epstein’s island.

    While a colony of murder hornets attacked Alan Dershowitz.

    • #13
    • November 9, 2020, at 1:35 PM PST
    • 15 likes
  14. WillowSpring Member
    WillowSpring Joined in the first year of Ricochet Ricochet Charter Member

    Susan Quinn (View Comment):

    I agree with @dong. Why should one state care what another one does? I must be missing something. . .

    If I live in Virginia and the cheating in Pa gives Biden the election, he will be my president for four years. I care very much!

    • #14
    • November 9, 2020, at 2:11 PM PST
    • 20 likes
  15. Biden Pure Demagogue Coolidge
    Biden Pure Demagogue Joined in the first year of Ricochet Ricochet Charter Member

    ctlaw (View Comment):

    ctlaw (View Comment):

    Biden Pure Demagogue (View Comment):

    This is more as if at the same time Epstein killed himself, four former Lolita Express pilots died when their four separate present aircraft were hit by meteors and a fifth meteor took out Epstein’s island.

    While a colony of murder hornets attacked Alan Dershowitz.

    In Detroit!

    • #15
    • November 9, 2020, at 2:27 PM PST
    • 5 likes
  16. Brian Watt Member
    Brian Watt Joined in the first year of Ricochet Ricochet Charter Member

    From The Epoch Times:

    Missouri, Kentucky AGs Join Lawsuit Challenging Pennsylvania Mail-In Ballot Deadline Extension

    Attorneys general in Missouri and Kentucky have joined a Republican lawsuitchallenging Pennsylvania mail-in ballots before the U.S. Supreme Court, according to multiple reports.

    A spokesperson for Missouri Attorney General Eric Schmitt was cited by the St. Louis Post-Dispatch as saying that Schmitt intends to add his name to an amicus brief—a legal document that can be filed by a non-party in a given case—in a lawsuit brought by the Pennsylvania Republican Party challenging the state’s Supreme Court decision to extend by three days the deadline for receiving mail-in ballots, provided they are postmarked by Election Day.

    Kentucky Attorney General Daniel Cameron will also join the court filing, according to the Louisville Courier Journal, citing plans for attorneys general from Louisiana, Georgia, and Missouri to hold a virtual conference later Monday on what the outlet characterized as “major legal action.”

    • #16
    • November 9, 2020, at 3:10 PM PST
    • 8 likes
  17. Brian Watt Member
    Brian Watt Joined in the first year of Ricochet Ricochet Charter Member

    But wait, there’s more…RELEASE THE HOUNDS!!

    • #17
    • November 9, 2020, at 4:20 PM PST
    • 17 likes
  18. GLDIII Temporarily Essential Reagan
    GLDIII Temporarily Essential Joined in the first year of Ricochet Ricochet Charter Member

    DonG (skeptic) (View Comment):

    I don’t know how people out of state have standing. That said, stock up on popcorn and TP.

    What? States cannot be disenfranchised by the corruption of neighboring states on matters of the following the Constitution that they all jointly agreed to follow on National matters?

    • #18
    • November 9, 2020, at 4:32 PM PST
    • 6 likes
    • This comment has been edited.
  19. Brian Watt Member
    Brian Watt Joined in the first year of Ricochet Ricochet Charter Member

    With court decisions in Trump’s favor, this scenario is very much in play:

    • #19
    • November 9, 2020, at 4:45 PM PST
    • 7 likes
  20. HeavyWater Coolidge

    The problem for Trump is that Biden is ahead of Trump in Pennsylvania by about 45,000 votes and those late absentee ballots have been placed in a separate pile, currently uncounted.

    Basically, Trump’s changes of prevailing in this election are similar to the chances of my cat writing poetry.

    But I do give Trump and his allies credit. They are shaking down the MAGA crowd for donations to Trump’s Legal Defense Fund. Trump attorneys and consultants will make tons of money on this, even though they are nearly guaranteed to lose.

    • #20
    • November 9, 2020, at 5:37 PM PST
    • Like
  21. Skyler Coolidge

    Brilliant move!

    • #21
    • November 9, 2020, at 5:54 PM PST
    • 1 like
  22. Skyler Coolidge

    Susan Quinn (View Comment):

    I agree with @dong. Why should one state care what another one does? I must be missing something. . .

    Because they do not want a precedent that courts can violate the Constitution. Although the Pennsylvania Supreme Court’s actions are not binding on other states, if allowed to stand they become very influential. By stanching this now, future Ohio courts will know they are not allowed to venture that direction.

    • #22
    • November 9, 2020, at 5:58 PM PST
    • 10 likes
  23. Hoyacon Member

    HeavyWater (View Comment):

    They are shaking down the MAGA crowd for donations to Trump’s Legal Defense Fund.

    Because I care deeply, I thought I’d share the (Urban) Dictionary definition of a “shakedown”:

    Another word for extortion/blackmail, or the obtaining of a good or service through means of force, threats/intimidation, or abuse of power.

    The Urban Dictionary allows contributions from the public, so you may want to try out your alternative: “People I hate asking for money from other people I hate for a cause I hate.”

    • #23
    • November 9, 2020, at 6:03 PM PST
    • 9 likes
  24. HeavyWater Coolidge

    Not only has the Fat Lady sung. She’s already performed the entire opera.

    This is how far behind Trump is right now.

    Biden leads Trump by

    35,000 votes in Nevada (6 electoral votes)

    45,000 votes in Pennsylvania (20)

    14,000 votes in Arizona (11)

    12,000 votes in Georgia (16)

    20,000 votes in Wisconsin (10)

    145,000 votes in Michigan (16)

    This election is over, except Trump’s attorneys need to make some more money off of the MAGA crowd. So, please donate to Trump’s Legal Defense Fund.

    • #24
    • November 9, 2020, at 6:07 PM PST
    • 1 like
  25. philo Member

    Well, I guess this answers my earlier question.

    • #25
    • November 9, 2020, at 6:38 PM PST
    • 1 like
  26. Percival Thatcher
    Percival Joined in the first year of Ricochet Ricochet Charter Member

    HeavyWater (View Comment):

    Not only has the Fat Lady sung. She’s already performed the entire opera.

    This is how far behind Trump is right now.

    Biden leads Trump by

    35,000 votes in Nevada (6 electoral votes)

    45,000 votes in Pennsylvania (20)

    14,000 votes in Arizona (11)

    12,000 votes in Georgia (16)

    20,000 votes in Wisconsin (10)

    145,000 votes in Michigan (16)

    This election is over, except Trump’s attorneys need to make some more money off of the MAGA crowd. So, please donate to Trump’s Legal Defense Fund.

    And everyone said that Trump wasn’t wiretapped. Remember way back then? It turns out that everyone who said he wasn’t wiretapped was either lying or stupid.

    Which were you?

    • #26
    • November 9, 2020, at 6:39 PM PST
    • 19 likes
  27. The Cloaked Gaijin Member

    Here’s an unbiased headline from dailymail.co.uk: “US Attorney General Bill Barr tears up rule book and authorises federal prosecutors to pursue ‘substantial allegations’ of voting irregularities across America despite very little evidence of fraud”

    • #27
    • November 9, 2020, at 6:58 PM PST
    • 8 likes
  28. Percival Thatcher
    Percival Joined in the first year of Ricochet Ricochet Charter Member

    The Cloaked Gaijin (View Comment):

    Here’s an unbiased headline from dailymail.co.uk: “US Attorney General Bill Barr tears up rule book and authorises federal prosecutors to pursue ‘substantial allegations’ of voting irregularities across America despite very little evidence of fraud”

    In Britain, they don’t pretend at objectivity. Our journalists have pretended from time to time. Back when even moderately-sized cities had at least two papers, you could compare the two and come up with something approximating reality. You still can do that on the internet. The big dailies have all headed down the same rabbit hole together.

    • #28
    • November 9, 2020, at 7:08 PM PST
    • 8 likes
  29. The Cloaked Gaijin Member

    Percival (View Comment):

    The Cloaked Gaijin (View Comment):

    Here’s an unbiased headline from dailymail.co.uk: “US Attorney General Bill Barr tears up rule book and authorises federal prosecutors to pursue ‘substantial allegations’ of voting irregularities across America despite very little evidence of fraud”

    In Britain, they don’t pretend at objectivity. Our journalists have pretended from time to time. Back when even moderately-sized cities had at least two papers, you could compare the two and come up with something approximating reality. You still can do that on the internet. The big dailies have all headed down the same rabbit hole together.

    I have found that UK journalists are usually more fair and balanced when covering American politics than American journalists — except regarding certain European pet issues like gun control, the death penalty, and to various degrees environmental issues.

    However, the college-educated, younger generation is probably mostly anti-conservative throughout the world.

    • #29
    • November 9, 2020, at 7:18 PM PST
    • 2 likes
  30. MWD B612 "Dawg" Member

    HeavyWater (View Comment):

    The problem for Trump is that Biden is ahead of Trump in Pennsylvania by about 45,000 votes and those late absentee ballots have been placed in a separate pile, currently uncounted.

    Unless there’s been updates, this is not necessarily the case. Justice Alito issued his order Friday night because the Secretary of the Commonwealth could not confirm to him that those “guidelines” had been followed. It’s probable that a substantial number of those ballots have been included in the “official” count.

    Now, I haven’t seen an update on the situation since that order went out. If you have seen updates to the contrary, I’d appreciate it if you could point me to them.

    • #30
    • November 9, 2020, at 7:24 PM PST
    • 6 likes