US Supreme Court will not take up the Appeal from Pennsylvania

Graham Hill's picture
Submitted by Graham Hill on Tue, 2020-12-08 22:50

https://www.msn.com/en-us/news...

Is it over for the rule of law in the USA? Does the Constitutional Republic start ending here?

The procedural laches (timeliness) argument has prevailed rather than the substantive merits argument.

It means the appellants have no remedy. They are boxed in. They could not bring the case beforehand because PA law requires locus standi to be based on harm actually suffered. The harm did not occur until on and after the election.

Our English form of law, which the US inherited, struggled over centuries to free itself from dogmas of the procedural form so as to do substantive justice.

But the constitutional breaches and the fundamental invalidity- e.g. the PA Supreme Court's legislating when only the PA legislature had the plenary power to do so in election matters- remain unresolved. Montesquieu's checks and balances seemingly and prima facie have given way.

The nine wise men and women in Black Robes may have unwittingly undermined the institution of the Court as a Constitutional Supreme Court, which may well under a Biden Presidency be packed and become a tool and dependent wing of the executive government.