Anonymous ID: f98b99 Nov. 12, 2020, 10:41 p.m. No.11622314   🗄️.is 🔗kun   >>2336 >>2406

Trump's Pennsylvania complaint is brilliant

 

The complaint filed in Pennsylvania by the Trump campaign is a superb piece of legal craftsmanship.

 

It was filed in federal court, not state. The gist is that some of the state's actions, and particularly the exclusion of Republican poll-watchers during the counting of hundreds of thousands of mail-in ballots, violated federal constitutional requirements.

 

The point is obvious enough once one thinks of it, but it's brilliant all the same. It shifts the focus from state law, where a politicized Pennsylvania court has the last word, to federal law, where the U.S. Supreme Court rules.

 

As for the obviousness of the point, consider as a thought experiment a state law requiring that all votes be counted in secret by an unelected board named by the party in power. Could it survive a constitutional challenge?

 

As my old Harvard constitutional law professors would have said, "to ask the question is to answer it." It is hard to count all the constitutional guarantees violated here: Equal Protection, Due Process, Privileges and Immunities. Indeed, the complaint stacks up the Supreme Court precedents supporting its arguments, including the long line of ringing statements in the chain of one-person-one-vote decisions.

 

More: https://www.americanthinker.com/blog/2020/11/trumps_pennsylvania_complaint_is_brilliant.html