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RandySF

(84,263 posts)
Mon Dec 7, 2020, 10:33 PM Dec 2020

Alito Sparks Worry Supreme Court Could Intervene

“As states prepare to lock-in their Electoral College delegates by Tuesday night’s ‘safe harbor’ deadline, Justice Samuel Alito is feeding speculation that the U.S. Supreme Court could upend the 2020 election results in an eleventh-hour intervention,” ABC News reports.

“Alito sparked intrigue Sunday morning when he quietly moved up a key filing deadline — from Wednesday to Tuesday — in an emergency appeal brought by allies of President Trump in Pennsylvania. The change effectively keeps open the possibility of court action before the state’s delegates are set in stone.”




https://politicalwire.com/2020/12/07/alito-sparks-worry-supreme-court-could-intervene/

11 replies = new reply since forum marked as read
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BGBD

(3,282 posts)
1. Click bait article
Mon Dec 7, 2020, 10:36 PM
Dec 2020

Nobody who knows what they are talking about thinks this is anything other than Alito not wanting people to saybhe ran out the clock.

The Velveteen Ocelot

(130,532 posts)
3. Political Wire is clickbait whose summaries of articles are often misleading.
Mon Dec 7, 2020, 10:43 PM
Dec 2020

The article it summarizes, whose actual title is "Experts doubt Supreme Court intervention before 'safe harbor' deadline," also says:

...legal scholars and court watchers said it remains highly unlikely that the justices will intervene, notwithstanding Alito's move or the court's new six-member conservative majority.

"I would not read too much into this," wrote leading election legal scholar and University of California-Irvine law professor Richard Hasen on his Election Law Blog.

"It shows more respect to the petitioners and does not make it look like the Court is simply running out the clock on the petition. I still think the chances the Court grants any relief on this particular petition are virtually zero," Hasen wrote.

The court has still yet to respond to Pennsylvania Republicans' separate, long-pending request that it take up a challenge to late-arriving mail ballots, and it has remained silent on Trump's petition to formally join the matter as a party.
https://abcnews.go.com/Politics/experts-doubt-supreme-court-intervention-safe-harbor-deadline/story?id=74583089

Thekaspervote

(35,820 posts)
6. Really? So SCOTUS who has repeatedly said it has no role is now going to overrule PA SC
Mon Dec 7, 2020, 10:55 PM
Dec 2020

Throw out tens of thousands of ballots, then move in enough other states to overturn the election??
Banana republic court with no credibility..sure

Jarqui

(10,908 posts)
7. I don't trust any of them or this situation
Mon Dec 7, 2020, 11:05 PM
Dec 2020
https://www.democracydocket.com/

39 Cases remain active (many of them opened after the election but some before)

Safe Harbor day is tomorrow

https://www.nbcnews.com/politics/2020-election/what-safe-harbor-day-why-it-s-bad-news-trump-n1250205
Under the law, Congress must count the electoral votes from states that chose their electors and resolve any legal disputes over the choices by the act's deadline, which is six days before the electors meet to vote. Of course, if a state fails to meet the safe harbor deadline but chooses its electors by Dec. 14, Congress can still count the votes.


Can someone convince me that Trump & the GOP will not use the litany of lawsuits to prevent safe harbor for Biden's electors in the battleground states?

I have not seen a clear answer on this.

Trump could file more lawsuits tomorrow ...

IsItJustMe

(7,012 posts)
8. USSC changed the date of the hearing one day before the state electors vote. Significant?
Mon Dec 7, 2020, 11:07 PM
Dec 2020

Last edited Tue Dec 8, 2020, 12:28 AM - Edit history (1)

Live politics updates: SCOTUS sets Tuesday deadline in Trump ally's Pennsylvania election challenge

Source: Matthew Brown, USA TODAY

The Supreme Court on Sunday changed a key deadline in Republican Rep. Mike Kelly's lawsuit seeking to overturn the results of the presidential election in Pennsylvania from Wednesday to Tuesday. That schedule change was significant because Tuesday is the cutoff for states to resolve any election disputes, known as the "safe harbor" deadline under federal election law.

The safe harbor deadline also holds that Congress cannot challenge any electors named under state law by that date. Some had interpreted the originally scheduled date after that deadline as a sign the high court had no intention of ruling on the appeal.

Pennsylvania Gov. Tom Wolf, a Democrat, on Nov. 24 certified the election results for Biden over Trump. Kelly's longshot appeal claims that the 2019 state law that authorized universal, no-excuses mail-in voting is unconstitutional and that only an amendment to the state constitution would have made universal mail-in voting legal in Pennsylvania.

Kelly and seven other Republicans sued to get the mail-in ballots invalidated or have the courts direct the GOP-controlled Pennsylvania General Assembly to pick Pennsylvania’s 20 presidential electors, who all favor Biden as a result of the election.

On Saturday, the state Supreme Court unanimously dismissed Kelly's case, ruling he waited too long to challenge the 2019 law, which the General Assembly passed with bipartisan support.

Supreme Court Justice Samuel Alito, an appointee of Republican George W. Bush, filed the scheduling order. He handles emergency requests that originate in the states that make up the Philadelphia-based 3rd U.S. Circuit Court of Appeals, whose jurisdiction includes Pennsylvania, New Jersey and Delaware.

Link: https://www.yahoo.com/news/live-politics-updates-court-rejects-143142663.html

Progressive Jones

(6,011 posts)
10. I call bullshit on Kelly's claim. Why wasn't he worried about the constitutionality
Tue Dec 8, 2020, 12:38 AM
Dec 2020

of this law before his boy Trump lost?

The GOP "fix" didn't work this time, and they're losing their minds over it.

Even with their usual cheating, they came up short.

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