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naraburns  nihil supernum  2yr ago (text post)   32391 thread views

Culture War Roundup for the week of October 31, 2022

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It's still trying to reverse an election after the fact, which feels like the relevant category IMO. The time to protest voting procedures is before the vote is cast.

The time to protest voting procedures is before the vote is cast.

No the issue isn't ripe then.

It's necessarily ripe then, because it isn't justiciable afterward.

Nope, it's not ripe before and not justiciable afterwards. No injury has been suffered until the election takes place, and no remedy is possible afterwards.

So any example of a court intervening in election rules would disprove your hypothesis?

No. A slightly different method was used for the ballot dating rules last time; the appeals continued until a favorable one was received for the side which wanted to count, the counting happened, and when the higher court took up the case it was too late.

I don't understand: are you saying that undated ballots are being counted, in violation of the Pennsylvania Supreme Court's order?

I'm saying a previous election, they didn't count them until they appealed to a higher court (3rd circuit) and got a favorable decision. Then they counted them, and then the decision was vacated by the US Supreme Court but the election results stood anyway.

In other cases, it happened as I described -- the courts found the issue was not ripe before the election and not justiciable afterwards.

In other cases, it happened as I described

But you acknowledge that this case is a counterexample that contradicts your claim?

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I agree but it seems like a lot of courts don't.

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