From ruling: "Contrary to Ms. Ziccarelli’s reading, the Court finds that the Supreme Court expressly held that the undated ballots at issue remain valid ballots that are properly counted under state law."
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BREAKING: Federal judge UPHOLDS the counting of the few hundred challenged ballots in Pa's 45th senatorial district race, validating Democrat Jim Brewster's victory and handing the GOP another loss in the courts.
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More: "Thus, because Ms. Ziccarelli’s federal constitutional claims all depend on the invalidity of the ballots under state law, those claims necessarily fail on the merits."
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More: "That is, even if applying disparate counting standards in Allegheny and Westmoreland Counties creates an equal-protection concern, the validity of the challenged ballots forecloses any argument...that the Court could throw out Allegheny County’s ballots as a remedy."
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New: Brewster win validated as federal judge denies GOP candidate's challenge.https://www.post-gazette.com/news/politics-local/2021/01/12/Brewster-Ziccarelli-senate-pennsylvania-ballots-challenge-gop-republican-democrat/stories/202101120109 …
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Now, must point out: Senate GOP has specifically said that they'd seat whoever is successful in federal court "as long as the findings from the court are to the merit of the challenge.." and not to matters of federal court jurisdiction.
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That's where this could get complicated. From a political perspective alone, would anyone be surprised if Senate GOP leadership tried to claim that the ruling's reliance on Rooker-Feldman falls within that 'jurisdiction' matter they intentionally specified?
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This is true at the same time:https://twitter.com/CPotterPgh/status/1349036063407419399 …
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There you have it. Sen. Jim Brewster will be sworn-in, GOP leader says.https://twitter.com/JakeCorman/status/1349079945948102658 …
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Nicole Ziccarelli, in a statement now: "For the best interests of all residents of the 45th, I will not further appeal this decision and will withdraw my contest filed with the Senate."
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Sen. Jim Brewster has been officially sworn-in.
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End of conversation
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