Pennsylvania Supreme Court Overturns Block on Certification of Election Results Because Petitioners Didn’t File In A “Timely Manner”

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How stacked are the odds? The state’s top court ruled to reverse Commonwealth Judge Patricia McCullough’s temporary injunction because the petitioners had failed to file their challenge in a “timely manner.”

Absurd and dangerous.

Pennsylvania Supreme Court Overturns Block on Certification of Election Results

By Janita Kan, The Epoch Times, November 28, 2020 Updated: November 29, 2020:

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The Pennsylvania Supreme Court on Saturday overturned a lower court’s order blocking election officials from certifying the results of the 2020 election. The court also dismissed the case with prejudice.

In an unsigned opinion, the state’s top court ruled to reverse Commonwealth Judge Patricia McCullough’s temporary injunction that would have prevented the state from taking further steps to complete the certification of the presidential race.

The court said the petitioners had failed to file their challenge in a “timely manner,” as they had filed their suit more than one year after the enactment of Act 77—the law central to the case.

The case at hand—cited as Kelly v. Commonwealth of Pennsylvania—was filed by a group of Republican politicians who argue that Act 77, a law that made voting by mail without an excuse legal in Pennsylvania, violates the state’s constitution.

The lawsuit alleges that the state law is “another illegal attempt to override the limitations on absentee voting prescribed in the Pennsylvania Constitution, without first following the necessary procedure to amend the constitution to allow for the expansion.”

Earlier this week, McCullough granted an emergency request by the plaintiffs to temporarily block the certification after the Keystone state announced it was poised to finalize the process of formal certification for the presidential election results.

The Commonwealth judge explained in her opinion, issued on Friday, that the “petitioners appear to have established a likelihood to succeed on the merits because petitioners have asserted the Constitution does not provide a mechanism for the legislature to allow for expansion of absentee voting without a constitutional amendment.”

She also opined that the “petitioners appear to have a viable claim that the mail-in ballot procedures set forth in Act 77 contravene” the plain language of the provision of the Pennsylvania Constitution, which deals with absentee voting.

The state Supreme Court said on Saturday that the petitioners waited until days before the county of boards of election were required to certify the election results, which could “result in the disenfranchisement of millions of Pennsylvania voters” who voted by mail.

“It is beyond cavil that Petitioners failed to act with due diligence in presenting the instant claim,” the court wrote.

Chief Justice Thomas Saylor issued a separate opinion agreeing to reverse the preliminary injunction. However, Saylor said he believes the Republican petitioners should still be able to argue their case about the constitutional validity of Act 77.

“I find that the relevant substantive challenge raised by Appellees presents troublesome questions about the constitutional validity of the new mail-in voting scheme,” Saylor wrote.

Justice Sallie Mundy joined in that opinion.

The lawyers of the plaintiffs did not immediately respond to The Epoch Times’ request for comment.

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Deplorable  In Libtard Austin
Deplorable In Libtard Austin
3 years ago

Corrupt evil men in black robes. There’s a solution to that problem too. SCOTUS better step up.

patd
patd
3 years ago

According to this the state accepted ballots that were illegal but the ones filing the suit filed too late? They file when they find fault and that is too late? More proof that in a libturd controlled area only the criminal libturds are protected.

tituspullo
tituspullo
3 years ago
Reply to  patd

this is how communists roll.

tituspullo
tituspullo
3 years ago

would love to know the democrat percentage of these so-called “judges” on the PA supreme court

JonnyBoBonny
JonnyBoBonny
3 years ago

You should have filed this suit earlier before there was proof of a fraud. Now that there’s fraud it’s too late. Sorry.

Es werde Licht
Es werde Licht
3 years ago
Reply to  JonnyBoBonny

Dem´s justice. Just obey to everything they say.
Release rioters, looters etc, but fine people who dont wear a mask or go to a church.
And for a Dem. who dont follow their own rules is enough to smile and give you meanigless words.
Welcome to J. Bidens corrupt, new world order where a powerhungry elite decide what is the truth.

Michael Garfinkel
Michael Garfinkel
3 years ago
Reply to  Es werde Licht

It’s not a new world order – it’s the old world order reasserting itself.

Frank
Frank
3 years ago

No, it’s the NWO.To take over they need to equalize all the countries to all be on the same playing field. Since USA is the most wealthy it must be made poor.

Tasmanian Devil
Tasmanian Devil
3 years ago

I’m convinced that these activist judges WANT CIVIL WAR!

Be very careful what you wish for.

For the corrupt FBI this is not a threat, but it IS an observation.

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FishsticksForMe
FishsticksForMe
3 years ago

President Biden sure has a nice ring to it.comment image

Achmed Mohandjob
Achmed Mohandjob
3 years ago

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Patti York
Patti York
3 years ago

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knightsstrength
knightsstrength
3 years ago

Breaking
GA / PA Confirm Election Fraud – Move To Overturn Biden HOAX
Victory
https://banned.video/watch?id=5fc30b7097895a54678ca205

The
US Department of Justice has expanded rules governing executions to
permit a wider rage of methods, including firing squads and
electrocution, as five federal inmates are set to face the death
penalty before Inauguration
Day.
https://www.infowars.com/posts/us-justice-department-amends-federal-execution-rules-to-allow-death-by-hanging-electric-chair-gas-chamber-firing-squad/
—–

Es werde Licht
Es werde Licht
3 years ago

Like I´ve said, sometimes I get depressed seeing how honourless and evil people can be.
But then I see people fight back and I feel the spirit we have from GOD is still alive. Little thinks like a video clip (” Be like water” ) with great and brave people who I love for their being.
This people have the real LOVE because they are also fighting for their opponents but ignorant, manipulated, indoctrinated losers are to envy to confirm that they have been wrong..
No mercy anymore, let them choose on wich level they will fight and then give them the right answer.

DEarley
DEarley
3 years ago

This allows Trump to go straight to Supreme Court. This is what they want…. No worries. There are still paths he’ll win. Their certifying implicates ALL in fraud. They will all go to jail.

Jesse W Brogan
Jesse W Brogan
3 years ago

The deeper problem here is legal jurisdiction. This court was supposed to be acting in appellate jurisdiction. They are not there to rehear the cause, but to examine the inferior court’s process for errors. If they do not have an error to correct, they stepped outside their jurisdiction. The judicial bar should be looking at this in terms of removal of right to practice law as a judge.

Marcus Tectus
Marcus Tectus
3 years ago

False reasoning from a biased judiciary: the act is either unconstitutional, or not, and can be subjected to challenge. -How long- it has been unconstitutional is not material to the case. The ‘timeliness’ of the complaint is not relevant and makes the dismissal look like the ‘spin’ of legal activism…

CreoleGumbo
CreoleGumbo
3 years ago
Reply to  Marcus Tectus

Thanks for answering my question Marcus. If an act, or law or anything else is unconstitutional, what does that have to do with the timeliness of the complaint? It did not make sense to me but making sense may be asking too much.

DVult
DVult
3 years ago
Reply to  CreoleGumbo

By that reasoning if a bank robber evades capture long enough then he can’t be prosecuted.

CreoleGumbo
CreoleGumbo
3 years ago
Reply to  DVult

Yup! And the same goes for a murder.

DVult
DVult
3 years ago
Reply to  CreoleGumbo

Or any crime for that matter.

stephen5970
stephen5970
3 years ago

Fix. Clearly a fix by activist and activist supporting Democrat judges, and constitutions be damned.

Michael Jacobs
Michael Jacobs
3 years ago

The “timely manner” to challenge a new STATUTE allowing mail-in voting, on whatever grounds (hint: there aren’t any) is RIGHT AFTER the statute becomes law, NOT months later, when millions of voters have cast their votes by that method in reliance on the law. You can’t wait, and then tell those people they should have “known better” than to use the new method. It’s not only common sense, it’s how the law protects the reliance interests of those who put their faith in the voting system.

Infidel
Infidel
3 years ago

So, the judge has an asshole…….I meant opinion. So does everyone else, that isn’t sporting a colostomy bag.

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