So -

It's either late or early, I don't know which. I do have some messages and mentions expressing concern about the Commonwealth Court ruling in PA and the new filing in the WI Supreme Court. I'll address both quickly before going to sleep.
1: WI. And I think this applies to MI, GA, and some other places. There are procedures, in many states, for asking the highest court of the state to hear a case that has never been heard in the lower courts. This is called "original jurisdiction."

Thing is...
...almost all, if not all, of these states also have election contest procedures that involve (among many, many other things) starting at the trial court level.

Can I promise that no state supreme court will take original jurisdiction of a case? No.
Can I promise that no state supreme court, having taken jurisdiction, won't issue an unprecedented and stunning reversal that disenfranchises their whole state? Also no.

But I can tell you this:
Original jurisdiction is VERY disfavored. State Supreme Courts don't like it.
They don't like it at all, and they particularly don't like it when there are - or were - established alternatives that were available. Which is the case in all of these states, where all of these groups are trying to file original jurisdiction actions.
The Commonwealth Court filing, which I've skimmed, is, in my view, a message to the PA Supreme Court, which has a pending appeal in front of it.

That message says, "yes, S.Ct. I'm off the rails. Extraordinary jurisdiction is appropriate. Please take this off my hands."
And while it is technically possible to appeal a ruling of a state supreme court to SCOTUS, there's a catch. SCOTUS cannot - not will not, but CANNOT - take that case without a federal question (usually constitutional).
If a state court has independent state law grounds to deal with a case, the rule is that SCOTUS stays out.

So, bottom line:
These cases are dangerous to the extent that they further show that Republicans are interested only in power and will throw the Republic under the bus to gain power.

But they are only a danger to that extent.

Have a good night. Relax. Enjoy the weekend.

POTUS 46 = Biden.
You can follow @questauthority.
Tip: mention @twtextapp on a Twitter thread with the keyword “unroll” to get a link to it.

Latest Threads Unrolled:

By continuing to use the site, you are consenting to the use of cookies as explained in our Cookie Policy to improve your experience.