atomic_fungus (atomic_fungus) wrote,

#7412: Michigan, Wisconsin, Pennsylvania, Georgia--their elections are MOOT and DO NOT COUNT

"Whoa, whoa, whoa, Mr. Fungus!" You say. "How the hell can you say that?"

Because elections that are not decided before midnight are void, according to the Supreme Court in a 1997 decision.
"When the federal statutes speak of 'the election'...they plainly refer to the combined actions of voters and officials meant to make a final selection of an officeholder.... By establishing a particular day as 'the day' on which these actions must take place, the statutes simply regulate the time of the election, a matter on which the Constitution explicitly gives Congress the final say." Foster v. Love, 522 U.S. 67, 71-72 (1997)
Not only did the Supreme Court make this decision in 1997, they were unanimous in their support for it. Nine to zero.

This is honestly the very last resort we have, those of us who are wishing fervently for a peaceful resolution to this horseshit.

"Wait, wait, wait, Mr. Fungus! Why didn't this decision apply in 2000, during the Bush-versus-Gore foofooraw?"

I'll let the writer of that article answer that question: "That election wasn't void because nobody asked the court to void it."

He later goes on to explain:
State elections that fail to choose winners by the Midnight deadline enacted in 3 U.S.C. § 1, immediately trigger the authority of 3 U.S.C. § 2, giving the Legislatures alone a Congressional extension to choose electors thereafter. As such, the failed elections are void, and all State statutes drafted to discern a winner after Election Day are preempted by 3 U.S.C § 1, and § 2.
Of course, this is one lawyer's opinion, but the precedents seem fairly clear. Because of the concept of stare decesis, that states that courts are beholden to precedents set by previous courts (and must show their work when overturning rulings) it seems fairly cut and dried to me.

Meanwhile, Texas and and Lousiana are suing PN, MI, WI, and GA over their extra-constitutional voting changes because they are disenfranchising the states which have their shit together and got their counts done on time and with a minimum of fraud.
The bill of particulars against the four rogue states is damning. Unelected bureaucrats such as Pennsylvania Secretary of State Kathy Boockvar and members of the Wisconsin Election Commission changed rules at the last minute and without authority. Local election workers flagrantly violated numerous state election laws; rejection rates for mail-in ballots were far lower than in the primary elections despite the unprecedented volume of absentee voting;...
Election law and the jurisprudence firmly places the power to change election rules in the hands of the state legislatures ONLY, and those states violated that.

The Supreme Court declined to hear the Trump legal team's case on this issue but it doesn't have any choice but to hear the Texas case, because the Supreme Court is the primary place where interstate lawsuits are heard.

The rejection is bullshit, of course. "It's the usual Catch-22. Challenge in a timely manner and you have no standing or cause. Challenge when you actually have standing and cause and you're told it is too late."

Oh, wait: "The Supreme Court only denied emergency injunctive relief. In the order, it did NOT deny cert." Quoth Trump's lawyer, Jenna Ellis. In other words, the SC might still hear the case; they're just not going to stop PA from certifying their election.

Dark Herald makes a good point, too: " It is POSSIBLE that SCOTUS bounced Penn’s because they only wants to hear one of these things."

"I wouldn't worry about it, though," Vox Day concludes, because he thinks Trump is just biding his time before we have the military re-run the election, this time without all the Democrat electoral fuckery.

Of course, if Trump does that, the left is going to start screaming bloody murder about how they told us Trump was Hitler and they knew he was going to do that! ...but we on the right all know that if the left hadn't tried to steal the election, but had comported themselves with honesty and honor, Trump wouldn't need to do this.

I don't want it. I really don't. At best it means months of turmoil--because the left will riot, which will lead to real lockdowns, martial law, and worse. Order will be restored but it won't be police going in with riot gear; it'll be soldiers hunting down leftist insurgents like this was Iraq.

The Democrats need to end this farce. They've been caught red-handed; give it up, let the guilty go to jail, and just spend time regrouping. They can't win what will come if they don't do this, and all they can do is put everyone else through hell while we're trying to contain their bullshit.

This bit from a Brit explains it pretty well, I think.
When Donald Trump won the Presidency in 2016 the far-left cried Russian collusion and displayed their visceral hatred across the entire left-wing spectrum, but their anger wasn't based on the undermining of democracy; their anger was merely that of the petulant, spoiled child denied a shiny bauble. Their anger was lukewarm, false, unjustifiable. Their anger was mere political posturing and they now think the anger of Trump supporters is the same--mere political posturing.

But how wrong they are. How dangerously wrong they are. The anger of Trump's supporters is white hot, it is incendiary, it is real and it is entirely, eminently justifiable, and it is not the anger of the loser, it is the anger of the wronged and is about so much more than Trump, this is about the democratic future of the United States of America. When a country reaches the point of such legal corruption and such moral degeneracy that democracy can be overturned in full view of a complicit and unquestioning media and liberal establishment there is very little guarantee that democracy will ever recover. This is why the anger is at boiling point, and even now, the left cannot understand what they have done.
There's tons more there but I can't blockquote it all.

But this englishman shares the same sentiment I do:
I hope and pray this will be resolved by the legal process, but I implore the Democrats, the left-wingers, the socialists and the communists to stop pretending what you have done is acceptable. It is not, and the consequences could be catastrophic both for you, for America and for the world.
It really will be. If it escalates to violence, it won't go away until the Gods of the Copybook Headings are satisfied.

* * *

Leftists really do think they're superior to people of color. The left believes that the minority vote is theirs by divine right.

* * *

About 300,000 fewer deaths than the average in 2020, as of November 16. This is all causes of death. COVID-19 apparently prevented all the other kinds of death simply by existing. Traffic accidents, cancer, heart disease, whatever--just COVID!

"Imagine a vaccine so safe you have to be threatened to take it, for a disease so deadly you have to be tested to know you have it."

This is exactly where they're going, too. From wearing a mask, to proof of vaccination, to having a chip implanted in you.

And, no.

Let's treat the vaccine like we do voting. Send it to me so I can inject myself. I promise I will! It's just as secure as all those mail-in votes that nobody cheated on the election with, right?

* * *

File this under "California is a third-world shithole." California is the top US net importer of electricity. No one imports more electricity than California does. Fully a quarter of the electricity they used last year came from outside the state, because California is relying on windmills to generate their power.

* * *

It's not going well for the Burn-Loot-Murder crowd in some areas.
One local white or Jewish (it’s hard to tell with a COVID mask on) mom brought her way-too-young daughter to march with BLM. She moaned about how "these poor people only want the same community control that we have." To which one of the Persians snapped back, "You think we have the right to tell someone not to buy here because of their race or religion? If we tried that, we'd be accused of a hate crime and hauled off by the DOJ."
Strangely, only blacks get to do that. I wonder why that is?

* * *

Tuesday evening, already. Came home and vegetated in front of the TV until Mrs. Fungus got home.

Anyway, because it's almost 9, I think I'll fire up WoW for a little while.

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  • #7603: Absolutely correct

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  • #7602: Still not gonna take it.

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