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So a Judge in Pittsburgh Granted an Injunction Against Certification in Pennsylvania this Morning?
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https://www.post-gazette.com/news/crime-courts/2020/11/25/pennsylvania-vote-election-certification-sean-parnell-mike-kelly-commonwealth-court-appeal/stories/202011250159 (Link)


I kinda sorta understand the case's procedural posture (looks like the judge maybe issued a Temporary Restraining Order pending a preliminary injunction hearing on Friday morning), but as of right now (Wednesday night EST) Pennsylvania can't work on the post-certification tasks that need to happen before their electoral votes are awarded to Biden. Looks like the down-ballot races haven't been certified yet, and even though the presidential election certification was done yesterday the state still needs to issue commissions to the Dems' electors... But now because of this judge in Pittsburgh the state can't do so. What a mess.


I'd like to write that I can't wait for these days to be over but I fear they're just going to continue for a long time...

War is god
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Re: So a Judge in Pittsburgh Granted an Injunction Against Certification in Pennsylvania this Morning? [Crank] [ In reply to ]
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Terrible decision. Though likely to be short-lived, it creates unnecessary chaos. Judge McCullough ought to just toss the suit on the obvious ground that it was filed way too late and can’t possibly warrant the relief it seeks.
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Re: So a Judge in Pittsburgh Granted an Injunction Against Certification in Pennsylvania this Morning? [Crank] [ In reply to ]
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What work is left, they already appointed their EC people. Seems that would be the last step.

Just Triing
Triathlete since 9:56:39 AM EST Aug 20, 2006.
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Re: So a Judge in Pittsburgh Granted an Injunction Against Certification in Pennsylvania this Morning? [DavHamm] [ In reply to ]
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DavHamm wrote:
What work is left, they already appointed their EC people. Seems that would be the last step.

That is part of the problem with this decision. The judge appears to have tried to enjoin something after it already happened. One should expect a judge to have a clearer understanding of what, exactly, they are enjoining, especially when it concerns something as momentous as a presidential election. One theoretical concern — which is extremely unlikely to ever come to pass — is that such an injunction (either as now written or later expanded) could stop the PA electors from carrying out their roles.
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Re: So a Judge in Pittsburgh Granted an Injunction Against Certification in Pennsylvania this Morning? [ike] [ In reply to ]
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ike wrote:
DavHamm wrote:
What work is left, they already appointed their EC people. Seems that would be the last step.

That is part of the problem with this decision. The judge appears to have tried to enjoin something after it already happened. One should expect a judge to have a clearer understanding of what, exactly, they are enjoining, especially when it concerns something as momentous as a presidential election. One theoretical concern — which is extremely unlikely to ever come to pass — is that such an injunction (either as now written or later expanded) could stop the PA electors from carrying out their roles.

My understanding is that certification is only the first step towards awarding the electoral votes to a candidate. Certification only says “ok, Biden won,” so now subsequent steps must be taken to legally empower/authorize the Democratic electors (i.e., that authorization is not automatic upon the votes’ certification). Without that authorization, the electors do not have the authority to “speak” on behalf of the state by casting its electoral votes. The injunction enjoins those post-certification steps, which would have prevented that authority from being bestowed upon the Democratic electors.

I wrote “would have“ because last night the Pennsylvania Supreme Court stayed the TRO, so the process of authorizing the electors is proceeding (the last I heard, which was around 10pm PST last night).

War is god
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Re: So a Judge in Pittsburgh Granted an Injunction Against Certification in Pennsylvania this Morning? [Crank] [ In reply to ]
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Crank wrote:
The injunction enjoins those post-certification steps

This is incorrect. The judge enjoins *further action* regarding *certification*.

Certification was already complete.

And the state appealed, which delays the order anyway. They can still go on not doing further action for something already completed until their appeal is ruled on, which it won't be because it's moot and it's a holiday.

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