Has the Penn Supreme Court Invited Scrutiny and Rebuke By Relying on "Laches" to Dismiss an Incovenient Complaint?

By Shipwreckedcrew


Late in the day on Saturday the Pennsylvania Supreme Court dismissed with prejudice the complaint filed by GOP Congressman Mike Kelly, failed GOP candidate Sean Parnell, and others, claiming that the “no excuse” mail-in ballot option created by the Pennsylvania legislature in 2019 violated Section 14 of Pennsylvania Constitution.  That Section limits “absentee” voting to four narrow categories of “absent electors”. The complaint alleged that because Section 14 is itself a constitutional limit on exceptions to in-person voting, the no-excuse mail-in voting statute worked as a de facto amendment to the Pennsylvania Constitution without going through the required  process for amending the Constitution.

Without addressing the merits of the complaint in any fashion, the Court ordered the case dismissed on the equitable grounds of “laches”, finding that the “facial” challenge to the constitutionality of Act 77, the law which created no-excuse mail-in balloting, was a matter the plaintiffs could have brought the time the Act was passed.  The Court found a lack of diligence from the fact that they did nothing for more than a year, during which time both a primary and general election took place in which “no-excuse” mail-in voting procedures were employed.

I’m going to make a point here, at the outset, that is somewhat out of place because I want the readers to keep it in mind as they read through the remainder of this article.

The Kelly complaint alleges that Act 77 changed the voting process in Pennsylvania in a manner that amended the Pennsylvania Constitution, without going through the process for making amendments to the Constitution as set forth therein.


The opponents of the Kelly complaint — joined by the Pennsylvania Supreme Court in dismissing the complaint — are possessed by the issue of whether millions of Pennsylvania electors will be “disenfranchised if “no-excuse” absentee voting is declared to be invalid due to the complaint.

What I have not seen commented on — and that failure is why I put this issue here at the top — is that one of the approvals required in the process for amending the Pennsylvania Constitution is that proposed Amendments must receive a majority vote of Pennsylvania electors in a general election.

The voters of Pennsylvania were entitled to have a say in whether the Constitution’s provisions regarding elections and voting should be amended.  The General Assembly, Governor, Secretary of the Commonwealth, and County Boards of Election DISENFRANCHISED Pennsylania voters by imposing a “no-excuse” change to the “absentee ballot” provisions of the Constitution without first getting their approval.   

A choice that transcends the political Right and Left

Election Fallout Reveals Battle Between Freedom and Communism

 
More and more people are realizing that the 2020 U.S. election is not a two-party fight, not
a dispute between Trump and Joe Biden, but a battle between tradition ​​and socialism, a battle
between good and evil, a battle between the divine and the communist devil.
 

CA Superior Court Judge Issues Permanent Injunction Against Gov. Newsom's Unconstitutionl Orders

By Cristina Laila

Gavin Newsom

California Governor Gavin Newsom (D) for the past 8 months has imposed some of the most abusive and authoritarian Covid restrictions via executive orders.

Newsom is a tyrant who has completely bypassed the state legislature and unilaterally locked down California with 57 executive orders!

Sutter County Superior Court Judge Sarah Heckman ruled one of the Covid executive orders issued by Newsom related to mail-in ballots overstepped his authority and encroached on the state legislature.

City of Branson contemplates Draconian Face Mask Ordinance with 90 days in Jail.(Update)

by Allen Williams

Lest there be any sanctuary to escape Covid-19 restrictions the city of Branson, MO vacation center of America is now the center of a draconian face mask ordinance No. 5837 amounting to 3 months incarceration. From the July 16th, 2020 meeting record, listen to person after person's strong objections to this policy including one young woman's account of masks violating OSHA standards starting at about time 2:15. First speaker a virologist/Pastor begins at 1:27:

Update 8/2/2020:

The face mask ordinance passed in the July 28, 2020 special session of the Branson Commissars. The amendment is a PERMANENT addition to the city's bylaws; most of the public's comments were ignored. The mask requirement is in effect until August 30th, 2020 after which a simple alderman vote extends it for another 30 days. Since the law can impose a 3 month jail sentence for not wearing a mask, it is expected that the mask requirement will be continuously extended past November. If you have a preexisting health condition as one of the ladies who commented at the 7/28 public hearings does, the police will not listen to your objections, instead you will be TICKETED and then you can tell it to the Branson court for $31.50 court costs minimum. There is nothing mentioned in the ordinance about having a document other than from a medical practitioner stating that you should not wear a mask. But my guess is you won't be able to just show it to the cop, you'll have to present it in court as often as the cops ticket you. As I stated earlier, cities are always looking for new revenue sources. Also the city is encouraging residents to 'rat' on their fellow Americans for not wearing a mask, a common procedure of the East German STACI.



One of the early speakers during the public response time, beginning at time 1:40: Rep candidate Brian Sykes says people will not come back to Branson and businesses stand to lose $100,000. Compares the ordinance to what was done in Germany.

At time 1:46, another Pastor discusses the communist template being overlaid on American Society using fear of the Covid-19 pandemic. The CDC has played with the numbers, cites how govt is eroding freedom year by year.

At about time 2:09 local area Newspaper editor speaks concerning the reliability of Govt data being found untrustworthy. Cites individual who was falsely told he was covid-19 positive and sent to the hospital and there DIED from a lung punctured by a ventilator.

Christina Smith at time 2:15 talks about ideological subversion from communism. Notes that No END DATE on the Branson ORDINANCE exists. Also discusses OSHA standards on breathable oxygen. Shortness of oxygen creates hypercapnia which suppresses the immune system, lowers O2 levels causing calcification of arteries and triggers pulmonary issues.

Next lady speaker beginning at time 2:30 tells the Branson Commissars that they will be thrown out if they approve the mask ordinance. Bravo!

July 28, 2020 will see the 2nd attempt by the Branson Board of Commissars to pass this draconian ordinance.