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Originally Posted by Chico23231
Sure, that’s what courts are for.
Acting like Biden wouldn’t want this if shoe was on other foot is dishonest and not surprising
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"thats what courts are for" -- my understanding is that the US Constitution gives power to establish state election laws to each States legislature. There is no inherent constitutional federal right for a political party to have partisan observers. I have learned that there are non-partisan Federal observers and then there are the partisan campaign observers, which is what trump is talking about here.
I do not think trumps campaign can federally challenge a States local decisions on the scope of partisan observers ability to observe.
To do so, the SCOTUS would most likely go well beyond the strict construction of the US Constitution. thankfully we have "originalists" on the Court and Im sure they would never flip flop on their strict construction originialist approach to favor one political party over another. (sarcasm .. they will and they do much like Scalia did)
If PA election laws say partisan observers must be 100 feet away from vote counting (or whatever PA says) .. then the partisan observers must follow that State law.
Federal Court has no say so in that.
Dont get this confused with the prior other challenges in PA regarding whether ballots mailed but not received until after Election day should count. in this case I believe a Federal challenge is warranted and most likely successful bc in this case it was the PA governor and not the PA state legislature that changed the state election law. that would fall within the US Constitution province since it would violate the federal law that says only state LEGISLATURES can make state election law. (unless there is some PA legislation that gives the PA Gov powers to change election laws during a declaration of emergency - covid - but I havent read or heard that)
Laws are usually onions with layers to peel.
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regardless .. we stop counting now, Biden wins Nevada, Wisconsin and Michigan and is the next POTUS. Whatever happens in PA is moot.