PA Judge McCullough – PA Election UNCONSTITUTIONAL


John R. Houk, Blog Editor

November 28, 2020

State Pennsylvania Appellate Judge by title, Commonwealth Court Judge Patricia McCullough, ruled the Pennsylvania Election UNCONSTITUTIONAL late last night! Now the gal is a Republican and of the Dem-Marxist Pennsylvania Governor Tom Wolf will most likely appeal to Dem controlled State Supreme Court AND THEN again ends up at SCOTUS. Keep in mind SCOTUS lacking a full panel failed the Constitution with a 4 to 4 tie (Chief Justice John Roberts joined the Left!) essentially sending back to PA State Supreme Court. BUT NOW the Supreme Court has a full panel and it is expected Justice Amy Coney Barrett will join the four Constitution-minded Justices and spank criminal Dem-led Courts. That’s 5 to 4 the Constitution and President Trump vindicated.

I am starting with the quite descriptive analysis Dr. Steve Turley provided in a Saturday podcast I found on Youtube. Since Youtube censorship is quite possible I am also cross posting two other websites that view the significance of PA State Judge Patricia McCullough.

JRH 11/28/20

Your generosity is needed – various credit, check 

& debit cards are accepted by my PayPal account: 

Please Support NCCR

Or support by getting in the Coffee from home business – 

OR just buy some FEEL GOOD coffee, that includes immune boosting products. Big Tech Censorship is pervasive – Share voluminously on all social media platforms!

********************************

VIDEO: BREAKING! PA Judge Rules Election UNCONSTITUTIONAL! Effectively Gives State to TRUMP!!!

 Posted by Dr. Steve Turley

711K subscribers – Nov 28, 2020

Get Your Back Up Solar Bank Now and Be Prepared! Click Here! http://www.backupsolarbank.com

Get 30% OFF W/ Promo Code “turley30”!

———————————————————

★★★ A NEW CONSERVATIVE AGE IS RISING ★★★

A PA judge has basically handed the state to Trump! That’s what we’re going to talk about in this special livestream; a PA judge has basically handed the state to Trump! This may indeed be the first domino to fall here; if PA falls to Trump, every single contested state will fall in line as well, that includes AZ and NV! This is absolutely HUGE!

MORE TO READ

++++++++++++++++++++++++

BREAKING: PA Judge Patricia McCullough Rules Election Likely “Unconstitutional”…Gives PA State Legislators Power To Choose Electors

 

By Patty McMurray 

Nov 28, 2020

100PERCENTFeDUp

On Tuesday, the Democratic Party’s mainstream media was giddy over the news that Pennsylvania would certify their state’s November election results. But on Thursday, in a surprising development, Commonwealth Judge Patricia McCullough ordered the state to not take any further steps to complete the certification of the presidential race.  She also blocked the certification of all the other election results.

Commonwealth Judge Patricia McCullough circled

Robert Barnes of Barnes Law was first to break the news with a link to the opinion of Judge Patricia McCullough via Mark Levin. Now, in another surprising move, the PA Trial Court has ruled the 2020 election was likely unconstitutional in PA and that gives the state legislators the power to choose electors.

PA Judge Patricia A. McCullough has ruled that Pennsylvania’s preliminary election certification injunction was properly issued and should be upheld, stating in her opinion, “Petitioners appear to have established a likelihood to succeed.”

The petitioners in the case are Mike Kelly, Sean Parnell, Thomas A. Frank, Nancy Kierzek, Derek Magee, Robin Sauter, Michael Kincaid, and Wanda Logan.

Legal Insurrection – A Pennsylvania state court judge has issued a preliminary injunction preventing Pennsylvania from taking any further steps to perfect its certification of the election, including but not limited to appointment of electors and transmission of necessary paperwork to the Electoral College, pending further court hearings and rulings. The ruling upholds an injunction from earlier in the week and is significant because of the findings made in the Opinion released tonight.

The case has been somewhat under the radar because it doesn’t involve claims of fraud. It appears to be a pretty straight legal argument. This is not the federal court case that has received a lot of press attention and in which the Third Circuit Court of Appeals denied relief.

The issue, in this case, is whether legislative expansion of absentee balloting to broad mail-in balloting violated the Pennsylvania Constitution. It’s not clear what the relief would be; the petitioners seek to preclude the Secretary of State from transmitting the certification or otherwise perfecting the electoral college selections.

The Judge issued this Opinion to extend that halt pending further hearings, and to set forth the basis for the injunction, which could be relevant to the appeal:

Additionally, Petitioners appear to have established a likelihood to succeed on the merits because Petitioners have asserted the Constitution does not provide a mechanism for the legislature to allow for expansion of absentee voting without a constitutional amendment. Petitioners appear to have a viable claim that the mail-in ballot procedures set forth in Act 77 contravene Pa. Const. Article VII Section 14 as the plain language of that constitutional provision is at odds with the mail-in provisions of Act 77. Since this presents an issue of law which has already been thoroughly briefed by the parties, this Court can state that Petitioners have a likelihood of success on the merits of its Pennsylvania Constitutional claim.

The Judge found, among other things, that the plaintiffs were likely to prevail on their PA constitutional claims, and that the matter was not moot even though PA had “certified” the results, because there were more steps to be taken [emphasis added].

Judge McCullough concluded: This is not a final ruling on the merits. It’s meant to prevent PA from taking more steps until the court finally rules.

Given how the PA Supreme Court has ruled previously on election matters, expanding procedures beyond what even the legislature adopted, I don’t see how this survives the PA Supreme Court. From there, the next stop is the U.S. Supreme Court where we know John Roberts and the three liberal Justice will defer to the state supreme court. But the Court is now 6-3, so a Roberts defection would not result in a 4-4 deadlock again if the 5 conservative Justices voted together.

++++++++++++++++++++++++++

BREAKING REPORT: Pennsylvania Judge Gives Rules That The 2020 Election Was Likely Unconstitutional In Pennsylvania, And That Could Give State Legislators Power To Choose Electors

 

By Sarah Hall

November 28, 2020

Red State Nation

[Pres. Trump, Judge Patricia McCullough & Dem-Marxist Joe Biden]

A Pennsylvania appeals court judge ordered state officials on Wednesday to halt any further steps toward certifying election results, a day after Gov. Tom Wolf said he had certified Democrat Joe Biden as the winner of the presidential election in Pennsylvania.

Wolf’s administration quickly asked the state Supreme Court to block the ruling from taking effect, saying there was no “conceivable justification” for it.

“Since the birth of our nation nearly 250 years ago, no court has ever issued an order purporting to interfere with a state’s ascertainment of its presidential electors – until today,” the administration said in its motion.

Commonwealth Court Judge Patricia McCullough, a Republican, had issued the order and set a hearing for Friday. It wasn’t immediately clear if she intended to hold up the certification of state and local contests on the ballot or interrupt the scheduled Dec. 14 meeting of the state’s 20 electors.

She came back with more good news or Trump’s legal team as late in the night, Judge Patricia A. McCullough ruled that PA preliminary ELECTION CERTIFICATION injunction was PROPERLY ISSUED and should be upheld and that gives state legislators power to choose electors.

She issued a HUGELY favorable opinion

Of Note:

– Commonwealth barred from taking ANY further steps to certify results
– Issues raised found to be of “statewide and National concern”
-“likelihood to succeed on the merits”

“Additionally, Petitioners appear to have established a
likelihood to succeed.”

so:
“..the Court respectfully submits that the emergency preliminary injunction was properly issued and should be upheld pending an expedited emergency evidentiary hearing From the memorandum:

“Petitioners appear to have established a likelihood to succeed on the merits because Petitioners have asserted the Constitution does not provide a mechanism for the legislature to allow for expansion of absentee voting without a constitutional amendment.”

The petitioners in the case are Mike Kelly, Sean Parnell, Thomas A. Frank, Nancy Kierzek, Derek Magee, Robin Sauter, Michael Kincaid, and Wanda Logan.

Legal Insurrection – A Pennsylvania state court judge has issued a preliminary injunction preventing Pennsylvania from taking any further steps to perfect its certification of the election, including but not limited to appointment of electors and transmission of necessary paperwork to the Electoral College, pending further court hearings and rulings. The ruling upholds an injunction from earlier in the week and is significant because of the findings made in the Opinion released tonight.

The case has been somewhat under the radar because it doesn’t involve claims of fraud. It appears to be a pretty straight legal argument. This is not the federal court case that has received a lot of press attention and in which the Third Circuit Court of Appeals denied relief.

The issue, in this case, is whether legislative expansion of absentee balloting to broad mail-in balloting violated the Pennsylvania Constitution. It’s not clear what the relief would be; the petitioners seek to preclude the Secretary of State from transmitting the certification or otherwise perfecting the electoral college selections.

The Judge issued this Opinion to extend that halt pending further hearings, and to set forth the basis for the injunction, which could be relevant to the appeal:

Additionally, Petitioners appear to have established a likelihood to succeed on the merits because Petitioners have asserted the Constitution does not provide a mechanism for the legislature to allow for expansion of absentee voting without a constitutional amendment. Petitioners appear to have a viable claim that the mail-in ballot procedures set forth in Act 77 contravene Pa. Const. Article VII Section 14 as the plain language of that constitutional provision is at odds with the mail-in provisions of Act 77. Since this presents an issue of law which has already been thoroughly briefed by the parties, this Court can state that Petitioners have a likelihood of success on the merits of its Pennsylvania Constitutional claim.

The Judge found, among other things, that the plaintiffs were likely to prevail on their PA constitutional claims, and that the matter was not moot even though PA had “certified” the results, because there were more steps to be taken [emphasis added].

Judge McCullough concluded: This is not a final ruling on the merits. It’s meant to prevent PA from taking more steps until the court finally rules.

Given how the PA Supreme Court has ruled previously on election matters, expanding procedures beyond what even the legislature adopted, I don’t see how this survives the PA Supreme Court. From there, the next stop is the U.S. Supreme Court where we know John Roberts and the three liberal Justice will defer to the state supreme court. But the Court is now 6-3, so a Roberts defection would not result in a 4-4 deadlock again if the 5 conservative Justices voted together.

Here is a copy of Friday night’s ruling.

People shared their opinion online:

In any case, if any of you wonder what is memorandum opinion here’s your explanation:

Under United States legal practice, a memorandum opinion is usually unpublished and cannot be cited as precedent. It is formally defined as: “[a] unanimous appellate opinion that succinctly states the decision of the court; an opinion that briefly reports the court’s conclusion, usu. without elaboration because the decision follows a well-established legal principle or does not relate to any point of law.”

 

Generally, memorandum opinions follow ordinary rules, including the application of precedent and the rule of stare decisis.

Pennsylvania Judge Patricia A. McCullough:

CIRCLED

I believe the US Constitution specifies that the state legislature shall set the method and means of choosing the electors, quite independent of what any judge may decree.

Sarah [Hall] is American conservative author she is committed to the constitutional principles of individual freedom, economic liberty, limited government, personal responsibility, and traditional values. Sarah’s legendary ability to piss off liberals and get to the bottom of corruption makes her an extremely dangerous foe to all the easily-triggered snowflakes out there.

____________________________

PA Judge McCullough – PA Election UNCONSTITUTIONAL

John R. Houk, Blog Editor

November 28, 2020

______________________________

BREAKING: PA Judge Patricia McCullough Rules Election Likely “Unconstitutional”…Gives PA State Legislators Power To Choose Electors

 

Copyright © 2020. 100PercentFedUp.com. All Rights Reserved.

____________________________

BREAKING REPORT: Pennsylvania Judge Gives Rules That The 2020 Election Was Likely Unconstitutional In Pennsylvania, And That Could Give State Legislators Power To Choose Electors

 

© 2017-2019 Red State Nation Media

Author: oneway2day

I am a Neoconservative Christian Right blogger. I also spend a significant amount of time of exposing theopolitical Islam.

2 thoughts on “PA Judge McCullough – PA Election UNCONSTITUTIONAL”

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

This site uses Akismet to reduce spam. Learn how your comment data is processed.