10 State AGs File Amicus Briefs in PA Supreme Court Ruling Case

[rustysgurl]

[link:https://www.kfvs12.com/2020/11/09/mo-attorney-general-other-attorneys-generals-file-amicus-brief-pennsylvania-supreme-court-voting-case/|

A coalition of 10 state attorneys general, led by Missouri Attorney General Eric Schmitt, filed an amicus brief in Republican Party of Pennsylvania v. Boockvar, urging the Supreme Court of the United States to grant writs of certiorari and reverse a decision by the Pennsylvania Supreme Court allowing mail-in ballots to be received three days after Election Day, even without postmarks.

[beachbumbob]

1. A big nothing

[SWBTATTReg]

2. The state of Penn. can do what they want with their elections. What in the hell are these

thugs chirping in for?

[In It to Win It]

13. They are taking advantage of certain SCOTUS justices' own opinions that state legislatures

-and state legislatures alone- make election law. The statute in Pennsylvania says the deadline is Election Day. They are taking that "opening" to suggest that the Pennsylvania Supreme Court overstepped by giving a 3 day extension on certain ballots by using the SCOTUS conservatives opinions that the US constitution gives the power of make election law to the legislature.

As I understand it, in previous SCOTUS precedents, SCOTUS always took the word "legislature" in the constitution to mean the legislative process (passed by the legislature, signed or vetoed by the governor, and as interpreted by the states' courts). Because the more recent conservative justices are "textualists", which they define as looking at the actual word and interpreting the words "as written" or literally. As a "textualist", it seems (using their own opinions) that they will break with previous precedent and define the word "legislature" as only the state legislature. The goal, it seems, is to use this to strike down the Pennsylvania Supreme Court's ruling extending the deadline.

The Pennsylvania Supreme Court made it's ruling based on Pennsylvania's state constitution. If I recall correctly, Roberts is the one that holds onto current precedent and let the Pennsylvania Supreme Court decision because precedent interprets "legislature" as the legislative process (passed by the legislature, signed or vetoed by the governor, and as interpreted by the states' courts).. I'm not entirely certain though but I think this is what Roberts' last opinion was. I'm open for correction on that.

[SWBTATTReg]

19. Thanks for the clarification. Thing is, the legislatures do give state regulatory bodies the...

ability to implement the law as passed by the state bodies, don't they not? Some laws are written so poorly, that anybody can drive a tractor through the barn doors so to speak. A desperate last gasp, I'm thinking. And one that doesn't allow recourse to those voters who get to recast their votes either if their votes are thrown out.

[In It to Win It]

23. Its a desperate last gasp for sure

I find it odd that the states' rights party is going to the federal government to reverse the state government.

Unless someone's rights or a federal law is being violated, I strongly believe that state supreme courts are final arbiters of state election laws and state election rules. What they are doing is disgusting, for this reason, and for trying to somehow get around a fair election. That is bonkers!

[SWBTATTReg]

24. It is bonkers (I love this word!). They did the same thing (bunch of AGs got together) as one to

try and overthrow the ACA. You can see how far they got w/ those attempts. I think it's wrong that these AGs are using state resources to further their party's agenda (to dismantle the ACA, other things) when it should literally be in that state's sole interest of it and its citizens that overthrowing the ACA would benefit them, e.g., they have a better plan under the state's domain (a state ACA). But it isn't the case w/ the ACA. Because Obama passed it, trump has had the hots for dismantling the ACA since day 1. Disgusting.

Oh well, might as well preach against partisan politics ... nothing will seem like it'll ever get done. It's party over Country with these thugs, and will seem like so all of the time. Take care!!

[Ms. Toad]

29. The court is not a regulatory body, though.

There is a difference - regulatory bodies are part of the executive branch - and they act within the authority granted in the law to put in place the processes to implement the law.

Courts are the third branch - charged with interpreting the law (including determining whether the regulatory body overstepped its bounds in creating regulations. They aren't given the authority to create regulations.

The Supreme Court has not, as a whole, embraced the strict interpretation of the word legislature. But it was suggested in a Thomas footnote in Al v. Gore - and brought back to life recently by Kavanaugh.

I'm hoping the Supreme Court will duck the question, as they are supposed to. The question is factually moot because the number of ballots involved is too small to change the outcome of the election. That would render any opinion advisory, which courts are not supposed to do.

[SWBTATTReg]

31. Thanks for the clarification. It is an interesting process, the entire legal process you've ...

described, a whole different world, so to speak. I can definitely understand why the lay person is sometimes confused by the legal world, and the Ins AND Outs that there are in this whole process. And, it's different in each state too.

Thanks for your clarification.

[Eliot Rosewater]

3. SC needs to BELEIVE that if they overturn this election, there will no longer

be a USA, we need to make sure they know this.

for real

[RKP5637]

6. It certainly won't be for me!!! Fuck this kind of crap!!! n/t

[Eliot Rosewater]

9. If they overturn the election, we have to do something we dont want to do

[SoonerPride]

21. Then there would be violence

Widespread and without end.

I think they know it too

[BannonsLiver]

20. That's because it'll be burned to the ground.

People won’t stand for it.

[Statistical]

26. Even if the excluded the "late" ballots it doesn't change anything. Biden is winning

solidly without them. Plus going to win GA and AZ too.

[Phoenix61]

4. Won't matter. Biden won before they counted them. nt

[RKP5637]

5. Absolute Republican Assholes!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!! n/t

[Chicago1980]

7. Proving once again how pathetic republicans are.

Republican AG's of other states meddling in an election to try and overturn results.

[58Sunliner]

8. Why would they have standing?

[rustysgurl]

10. As I understand it

They are saying that what happened in Pennsylvania indirectly affects their states (because it allowed someone they didn't want to win the Presidency).

This is why we can't have nice things.

[Statistical]

27. Amicus brief is a "friend of the court brief". You don't need standing.

The court is free to read them or ignore them.

In many civil liberty cases the ACLU for example will file an amicus brief even if they are the plaintiff or representing the plaintiff.

[58Sunliner]

30. Thanks.

[Maeve]

11. Useless as to overturning the result

More delaying until the Toddler can be soothed out of the candy store

[ok_cpu]

12. Ohio's AG wouldn't even weigh in on his own state's election.

When our SOS was pretending that he really wanted additional drop boxes, he asked the AG for an opinion, which was never given.

The hell is he sticking his nose into PA elections?

[Chili]

17. I'm sorry, you said Ohio

Worried me, but I don't see how Ohio is involved with this? The 10 state AGs listed in the article are from MO, AL, LA, AR, MS, KY, SC, SD, TX, FL.

But you're right about our Ohio AG - Husted is a voting suppression asshole.

[ok_cpu]

18. I must be misinformed or confusing the comedy of cases

I swear I read that Yost filed a brief in a PA case.

Thanks for the info.

Edit to say looks like he filed separately.

https://www.dispatch.com/story/news/2020/11/09/attorney-general-yost-joins-vote-case-holds-off-calling-biden-winner/6226989002/

[Chili]

22. Relieved! (WAS relieved...)

Wait - just saw your addition. WHAT A JACKASS. Now I'm pissed.

I want Ohio to grow like GA. But too many out there in the boonies. Too many.

[spanone]

14. good luck you fucking losers.

[Rice4VP]

15. He already won the state with the votes that came in

by Election Day. Bunch of losers

[BGBD]

16. Newsflash

Late arriving ballots are not going to change anything.

[sunonmars]

25. There are less than 8k of them apparently. Bidens up 47.5K with 51K left to count.

Whatever, this won't do squat.

[BGBD]

32. Some evidence

to suggest that the late arriving ballots would include a higher republican share than the early/on-time ones. Probably still favor Democrats, but maybe not as much.

[roamer65]

28. So why aren't they attacking Ohio's 10 days?