UPDATE: It appears a near simultaneous ruling by a higher court has overturned this overturning. Expect it to be appealed further up the chain. That the legal battle ensues proves the TV Gods called the election too soon.
In Pennsylvania two days ago Judge McCulloch issued a court order to stop the certification of votes but has now written up the reasons why in a Memorandum Opinion. In extraordinarily clear language the Judge declares that the amended absentee and mail-in provisions in Pennsylvania were unconstitutional and void ad initio because it contravenes the requirements of the Pennsylvania Constitution.
The reason for the injunction are the “compelling exigencies raised in this case which are of statewide and national concern”.
Petitioners raise matters that go to the core of the electoral process and involve the constitutionality of how the citizens of this commonwealth may cast their votes, not only for the offices sought by petitioners, but also, for the office of president and vice president of the United States of America as well as statewide, regional, and local offices.
“Without the emergency relief ordered by this Court, there would be the likelihood of irreparable harm to Petitioners.
Judge: Republicans Will Likely Win Pennsylvania Election Lawsuit
Icvan Pentchoukov, The Epoch Times
“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,” McCullough wrote.
When ruling on an emergency injunction, judges have to consider whether the party which requested the injunction is likely to win the case or “succeed on the merits.” McCullough 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 Plantiffs pointed out that the State did not have to act so fast to certify the results and appear to have rushed it to try to avoid an injunction.
The Judge points out that the certification process is not finalized.
The emergency request underlined that while Pennsylvania completed vote-counting and submitted the signed certification to the U.S. archivist, a number of steps still remain for the formal certification process to be completed.
“While Respondents may have proactively attempted to avoid potential injunctive relief granted by this Court, Respondents duties with regard to finalization of the full election results are far from complete,” the filing states.
It’s not clear how many votes this applies to (though readers here may know that answer). This is not a Judgement, just a memorandum explaining the reasons for the court order. The evidence still needs to be presented in full. The Judge carefully explains at the end that harm would be done in tossing out 7 million votes of the people of Pennsylvania, but no harm is done in holding off until Dec 8th (the safe harbour date) to consider the evidence.
There are many hurdles to go, but this will help make it possible for other Judges to feel more confident in making similar decisions. There is a momentum effect with a gregarious species, and should that momentum hint that Trump has a reasonable chance, that could change so much. Suddenly a lot more players will want to be seen helping a “likely” winner.
Biden has been enjoying all that momentum so far thanks to the media’s rush to anoint him. The media cartel waited 34 days in 2000 for Al Gore to pursue the legal process, but declared it all over after 10 days despite (or rather because of) the massive legal battle coming.
h/t Helen D,