Justice Alito moved Pennsylvania’s response time up to 9:00 AM Tuesday morning because at noon Tuesday, Pennsylvania electors are seated. Justice Alito wants a response before anyone is seated so he can determine how he is going to deal with this issue since it’s coming out of the 3rd Circuit which he is responsible. In the three hour window between 9:00 AM and noon, it’s possible Justice Alito could grant a stay before the Electors are seated. A stay would prevent the Electors of Pennsylvania from voting to accept the certification of the candidate, Joe Biden.
December 8, 2020: The “Safe Harbor” Deadline
The U.S. Code (3 U.S.C. §5) provides that if election results are contested in any state, and if the state, prior to electionday,hasenactedprocedurestosettlecontrovers ies or contestsoverelectorsandelectoralvotes,andifthese procedureshavebeenapplied,and theresultshavebeen determined sixdays before the electors’ meetings, then theseresultsareconsideredtobeconclusive,andwillapp ly in the counting of the electoral votes. This date, known as the “Safe Harbor” deadline, falls on December 8 in 2020. The governor of any state where there was a contest, and in whichthecontestwasdecidedaccordingtoestablished stateprocedures,isrequired(3U.S.C. §6)tosenda certificatedescribingtheformandmannerbywhichthe determination was made to the Archivist as soon as practicable.
A granted stay will be an indication that the State of Pennsylvania violated the United States Constitution by changing the rules for electing Electors without the consent of the state legislature.
It’s important to understand that the change in the voting process in the State of Pennsylvania was not in acted by statutory changes through the state legislature, who is the sole body empowered by the United States Constitution to change the rules. However, the Governor and Secretary of State of Pennsylvania took it upon themselves to change the rules.
If SCOTUS grants certiorari,
Senator Ted Cruz will present the oral argument.
Ted Cruz: “the bitterness and acrimony we see across the Nation needs resolution. I believe the Supreme Court has the responsibility to the American People to ensure, within its powers, that we are following the law and following the Constitution.”
It only takes one domino!
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Originally Posted by Bytor Peltor
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