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Wednesday, October 28, 2020

Pennsylvania GOP Denied--Without Input From Justice Amy

You can read the decision here. It's a short statement that the expedited petition for certiorari is denied. That means that the petition itself could be accepted at a later date--presumably with Justice Amy participating. She didn't participate today because she didn't have time to read the briefs:


The motion to expedite consideration of the petition for a writ of certiorari is denied. JUSTICE BARRETT took no part in the consideration or decision of this motion.


Justice Alito--joined by Thomas, and Gorsuch--made it pretty clear that they were unhappy with Roberts' hijacking of this case, by issuing a "statement." Kavanaugh didn't join the statement.


Statement of JUSTICE ALITO, with whom JUSTICE THOMAS and JUSTICE GORSUCH join.

The Court’s handling of the important constitutional issue raised by this matter has needlessly created conditions that could lead to serious post-election problems. The Supreme Court of Pennsylvania has issued a decree that squarely alters an important statutory provision enacted by the Pennsylvania Legislature pursuant to its authority under the Constitution of the United States to make rules governing the conduct of elections for federal office.

...

It would be highly desirable to issue a ruling on the constitutionality of the State Supreme Court’s decision before the election. That question has national importance, and there is a strong likelihood that the State Supreme Court decision violates the Federal Constitution. The provisions of the Federal Constitution conferring on state legislatures, not state courts, the authority to make rules governing federal elections would be meaningless if a state court could override the rules adopted by the legislature simply by claiming that a state constitutional provision gave the courts the authority to make whatever rules it thought appropriate for the conduct of a fair election. 

...

That does not mean, however, that the state court decision must escape our review. Although the Court denies the motion to expedite, the petition for certiorari remains before us, and if it is granted, the case can then be decided under a shortened schedule. In addition, the Court’s denial of the motion to expedite is not a denial of a request for this Court to order that ballots received after election day be segregated ...


And, in fact, those ballots are being segregated. Justice Amy will have a chance to participate in deciding whether to accept the petition on a non-expedited basis.

Maybe it's just me, but it appears to me that Roberts is sacrificing good will in a shortsighted manner with this behavior.


17 comments:

  1. "Maybe it's just me, but it appears to me that Roberts is sacrificing good will in a shortsighted manner with this behavior."

    The question is WHY?

    Is Roberts really the horse's rearend as some have suspected?

    Is he a Never-Trumper?

    Or does he see the Thomas Court in his rearview mirror?

    In any event, it's not the behavior that I would expect from the CJ.

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  2. I have been charitable towards Roberts because it made some sort of sense he was about trying to the Supreme Court above the fray all the while it was in it.

    It appears, though, that Roberts is saying he is one thing, but his actions tell that he is something else. Yes, I am saying Roberts is a liberal ideologue more than a non-partisan as he portrays himself to be.

    Even this, though, doesn’t fully account for his views as evidenced by his alignments on cases.

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  3. Roberts is just what the booooshes wanted

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  4. “...Roberts is sacrificing good will in a shortsighted manner with this behavior.”

    As he did with his “behavior” during the impeachment trial. Remember his bizarre ruling against Senators making even incidental reference to the “whistleblower?” Despicable.

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  5. No reason for saying this, but is there any reason why the Chief Justice wants a Biden Presidency?

    ReplyDelete
    Replies
    1. What if he's been given an Offer he can't Refuse?

      Delete
    2. Bingo!!!!

      Roberts hates Trump, most Republicans hate Trump.

      People like to get into this whole blackmail, "RINO", super secret hidden closet conspiracy stuff when really all you need to do is step back and look at the big picture.

      The Republican party went globalist, war and progressive expansion during the H.W. Bush years and never looked back. They are the DNC², when in the majority they bumble and stumble around, when in the minority they scream indignity while always selling those few needed votes and not actually fighting back.

      They loathe Trump and america first policy!!!

      Delete
    3. “most Republicans hate Trump”? Kind of a broad brush there. DC Swamp Republicans, probably. Get outside the Beltway? If that were true, he wouldn’t be president.

      Delete
  6. The Robert's court also allowed the PA Supreme court to redraw election districts rather than the legislature.

    https://usaherald.com/u-s-supreme-court-upholds-pennsylvania-redistricting-ruling/

    ReplyDelete
  7. https://www.politico.com/news/2020/10/27/postal-service-mail-collection-433112

    ""USPS personnel are instructed to perform late and extra trips to the maximum extent necessary to increase on-time mail deliveries, particularly for Election Mail," Sullivan wrote. "To be clear, late and extra trips should be performed to the same or greater degree than they were performed prior to July 2020 when doing so would increase on-time mail deliveries.

    The judge further instructed the Postal Service to send him daily updates on the number of extra and late trips occurring every day at national, regional and local levels, in addition to information about on-time deliveries."

    Judge is so awesome! He gets to run everything!
    Trump should just fire everyone and let the Judge handle it all, including covering, out of his pay, all the over-time etc. that this will entail for an agency that's already billions in the red. Who needs an Executive or Legislature when the Judiciary apparently issues magic wands with their robes, just like Harry Potter.
    Tom S.

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    Replies
    1. WTAF? I think Sullivan may be mentally ill. Not kidding.

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  8. Imagine how upset the booooshes were when Justice Thomas turned out to be a conservative jurist.

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  9. Yes, he has been told if Biden wins , his Epstein problem will go away !!!

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  10. Roberts has to be replaced as Chief Justice. He is obviously nothing more than a shill for the Left in his court sidings. Time and again he has taken a position to distort the words of the Constitution, or participate in legislating from the bench in favor of the Left.

    ReplyDelete
    Replies
    1. The only way a Chief Justice can be removed is by impeachment. The President cannot remove him.

      Delete
    2. I’d settle for Sullivan’s impeachment.

      Delete