I'm no legal scholar, but I think they are saying they choose to ignore the Constitution to avoid making people feel bad. Am I close? https://twitter.com/tracybeanz/status/1332830580325699585 …
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they were fine with exactly the same system in the primaries
End of conversation
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"Timely" is subjective. Laches is an equitable principle which allows a court to assert its judgment (which is of course what judges do) as to the timeliness of a party's actions.
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It's not subjective (Act 77 has a 180 day window to challenge IIRC). Further; The lead plaintiff, Congressman Mike Kelly was in office when Act 77 was negotiated and passed in Oct. 2019 by a GOP majority legislature. He raised no constitutionality concerns at that time. /1
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Congressman Kelly ran for reelection this year. He raised no no constitutionality concerns during the primaries when Act 77 measures were implemented. Congressman Kelly raised no constitutionality concerns during the General Election leading up to and ending on November 3rd. /2
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Only AFTER the results came in, and Donald Trump loses, does Congressman Kelly suddenly voice his concerns over the constitutionality of Act 77. There is NOTHING subjective about that, which is why he lost. /End
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Its objective but, before the election, there was no injury so they wouldn't have standing to file suit.
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