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originally posted by: Hogleg
a reply to: Xtrozero
No, it's in the US constitution.
Mark Levin
Affidavits from credible individuals that raise a reasonable question are enough to establish a need for expedited discovery per the rules of civil procedure. Concerning the Constitutional challenges, per Article II Section II Clause II, each state’s legislature has the power over election laws. State courts, County officials, Governors, or their appointees do not. Moreover, all voters must be treated the same under the equal protection clause of the 14th Amendment.
originally posted by: Willtell
a reply to: Xtrozero
I'm not debating that at all.
But something like abortion as far as I know originally held laws against it violates the 14th amendment.
Sure, many say the unborn have rights under the 14th clause, that Row denied. That may be the basis to overturn it soon with a conservative 6 -3 edge
originally posted by: DanDanDat
a reply to: johnnylaw16
A very well put together argument; and I do accept that you are being a straight shooter here.
But your arguments still only explains what routinely occurs during cases of this type; but does not at all speak to the peculiarities of these particular few cases and the seriousness of the implications.
For example you say:
The Supreme Court is a deliberative body that benefits from a well-established record by both the trial and appellate courts below it. By the time a case gets to the Supreme Court, it is supposed to have been tested and rundown extensively.
And with a typical case that gets to the Supreme Court its often months or even years for a the well-established record to galvanize.
In these cases regarding election fraud and election law; there hasn't been years or even months for a well-established record to have been created. And your own arguments state the Supreme Court can, if it chooses, hear the new evidence.
I fully accepte that under normal circumstances your arguments would hold water. But I am not convinced that your arguments slam the door on Trumps path forward. I highly anticipate that there will be a few more unprecedented actions that will occur before this is over ... the Supreme Court agreeing to hear new evidence seems like a rather mundane peculiarity if it occurs.
originally posted by: Murgatroid
a reply to: Influential358
Very good summary, have you listened to Jerome Corsi yet? What he is saying is very similar...
When the case reaches the Supreme Court, the justices have been traditionally reluctant to pick winners and losers in elections. Also, the Supreme Court is likely to insist that questions of voter fraud had to be settled in state and federal trial courts. In the federal court system, the Supreme Court would expect the federal district courts to have adjudicated whether or not voter fraud occurred and if it occurred in sufficient numbers to award the presidency to Trump. Unfortunately, given the Constitutional deadlines, including the setting of the inauguration day on January 20, 2021, there may not be enough time for the federal district courts to conduct the trials that would be required.
Fortunately, the Constitution provides the Supreme Court a remedy. When the Electoral College fails to vote 270 electors to any one presidential candidate, the solution is for the Supreme Court to throw the election to the Congress.
The Election Goes to Congress
According to Article II, Section 1, Clause 3 of the Constitution, as modified by the Twelfth Amendment, the U.S. House of Representatives votes for the president and the U.S. Senate votes for the vice president. In the House of Representatives, each state gets one delegate vote in the vote for president; in the U.S. Senate, the candidate receiving the majority of votes becomes the vice president.
corsination.com...
Trump Wins in House (Jerome Corsi Interview)
originally posted by: Xtrozero
originally posted by: Willtell
I think I’ve heard the SCOTUS will take a case that’s of imperative importance to the country.
But isn’t it also true, they need a constitutional issue to take up a case? This is a very different case, but for example, in 2000 Bush used the assertion that his 14th amendment rights were being violated in some form.
They should, but I don't think it is an absolute... Row vs Wade was not constitutional based as example.
originally posted by: carewemust
Only those of you who have, and know how to use your "Common Sense", will understand this:
Source: twitter.com...
Biden lost Ohio and Florida.
Biden lost 18 of 19 bellweather counties.
Biden won 200 fewer counties than Obama in 2012.
The GOP picked up 14 House seats.
Yet a basement dweller (Joe Biden) somehow managed to get 80 million votes?
All others...please disregard this post. Thank-you.
P.S. twitter.com... a.k.a. #BidenCheated
originally posted by: Hogleg
a reply to: Willtell
The constitution part is related to the Democrats changing election procedures in the swing states illegally. According to the constitution any changes to the voting process must be approved by the state legislature. They made several key changes that opened up this election for mass fraud, and the did it without approval of the state(s) legislatures.
#ery afoot
originally posted by: Hogleg
a reply to: Xtrozero
No, it's in the US constitution.
Mark Levin
Affidavits from credible individuals that raise a reasonable question are enough to establish a need for expedited discovery per the rules of civil procedure. Concerning the Constitutional challenges, per Article II Section II Clause II, each state’s legislature has the power over election laws. State courts, County officials, Governors, or their appointees do not. Moreover, all voters must be treated the same under the equal protection clause of the 14th Amendment.
originally posted by: Hogleg
One thing we can agree on, this will be settled on Dec. 14th when the electorates cast their votes. Unless there is some legit game changing evidence, the court cases will be over before the 14th. like it or not that's D-day
originally posted by: johnnylaw16
y day job is a federal court litigator. You seem to have a number of misgivings about our law and constitution. I can assure you that no court will find mail-in voting to be an abridgment of any constitutional right. And while my better judgment says I shouldn't even ask this, please do explain your theory on how mail-in voting disenfranchised any voter?
originally posted by: DanDanDat
originally posted by: Gnawledge
originally posted by: DanDanDat
Its unfortunate that you spent time writing that well written argument and dismissed your entire argument your self
Appellate courts, including the Supreme Court, generally do not hear evidence that is not submitted to the trial court.
I assume you used the word "generally" because it is possible for the Supreme Court to hear evidence that is not submitted to the trial court.
"..evidence that is not submitted" ...that's the main issue, as much as everyone here says there is evidence - none has been submitted in court. That's why he is losing all these cases.
I believe the argument is that Trump's team is holding onto the evidence until they can present it to the Supreme Court.
originally posted by: DanDanDat
[snip]
your own argument leaves the door open.
You used the word "generally" a few times in your argument which means according to you it is possible for the Supreme Court to hear new evidence.
You also say that "Courts can use their common sense when determining whether to credit allegations and testimony." Which means the Supreme Court can use their common sense to credit the speculative Affidavits if they so choose too.
originally posted by: johnnylaw16
for accuracy's sake, I included the term "generally" because there are rare instances where the supreme court will hear new evidence but none applies here. An example would be when the Supreme Court has original jurisdiction over a case (such as cases involving Ambassadors, as mentioned in Article III of the Constitution). There is no reason that the Supreme Court would hear new evidence in any of Trump's lawsuits. if you believe this is incorrect, I am always up to hear a different theory.
originally posted by: DanDanDat
And finaly your argument also does not address the seriousness of the allegations. I find it hard to believe that the Supreme Court would refuse to hear credible evidence (assuming it exists) on technicality during such an important case. Refusing to hear credible evidence on technicality and procedure would invite chaos across the electorate; I find it hard to believe that the Supreme Court would allow that... its far more likely that they would allow the new evidence even if doing so is not normally what occurs in appellate cases.
originally posted by: Mandroid7
a reply to: johnnylaw16
Which lawsuits have been dismissed?