Breaking: Justice Alito Orders Response in PA Case

Jay Sekulow is breaking news.

Just as a response in the Pennsylvania case law from Washington DC Jay Sekulow phone lines are open for your questions right now called one 800-6843 1-101-800-6841 10 and the chief counsel for the American Center for Law and Justice Jay Sekulow broadcast breaking news announcement and that is Justice Samuel Alito who is the justice in charge of the Third Circuit know why that significant is a case brought by Congressman Mike Kelly challenging some of the election irregularities that Took Pl. in Lisbon. Let's take place in a Pennsylvania and that's been pursuant to a lawsuit that he filed. They took an application up to the Supreme Court of United States, and originally the response date for the state of Pennsylvania per the order of justice leave I'm reading it right here and this is from the Supreme Court docket, its docket number 2898 when you got stays emergency proceedings. That's why you see that's what 20 annual CBA reviews or applications for stays. I've done a lot of them. That's what this is and what it says here is that the response to the application requested by Justice Alito is now due Tuesday, December 8. By 9 AM and that was an update from a previous entry, which had the date on which the application response was due by the state of Pennsylvania or come with Pennsylvania was originally on Wednesday. Why is that significant because on Tuesday afternoon.

What happens is it's at noon.

The electors are seated. So what Justice Alito is saying is he wants Andy in order at least a response before anyone is seated so he can then determine how is going to deal with this issue since it's coming out of the circuit. He's in charge of each justice is given a particular circuit to be in charge of and he's out of his home state is New Jersey so that's in the Third Circuit. That's right there but that's why he moved it up. Yes, that's exactly why moved it up you wanted to give himself more time before the electors met in order to make a decision as to what is going to do in the case and by moving up the response died from the state from Wednesday to Tuesday at an insignificant Tuesday, December 8 9 AM. That gives him three hours between then when the electors meet at noon on that day. Make a decision as to whether or not he may who I don't know what unpredicted Supreme Court justice who do we may grant a stay of the city of the electorate at Harry. The interesting aspect of this the case is Capt. Mike Kelly, US Congressman and then some other individual versus the Commonwealth of Pennsylvania Gen. assembly and also Thomas Wolfe, the governor and Katie. Kathy bought barley course as the Secretary of State for the Commonwealth of Pennsylvania. They have filed an emergency application for a writ of injunction pending the filing a disposition of the stirfry petition so they are asking for everything.

Like we got in the dance case for the President that everything stays in place estate. Let's explain quickly what that state means what essay means well essentially a stay prevents the parties in this particular case, the parties associated with the government of Pennsylvania from moving forward and up basically allowing the electors of the state of Pennsylvania to vote in favor of these so-called certified candidate who in this case would be Joe Biden. I think it is clear on the phase that the state of Pennsylvania violated the United States Constitution by essentially changing the rules for collecting the electors without the consent of the state legislature and that is called forth in the United States Constitution. So, on its face. There is a plausible claim, but the real issue right now is timing. Satiety is the key issue related to what all that means that Pennsylvania's report said no and I could not deal with this case that there was not violations.

Although couple to just expressing serious concern.

Having said that, it is now resting at the Supreme Court of the United States unless you do something to win a matching challenge campaign.

The ACLJ your support of the ACLJ makes a huge difference, and any amount you donate this month we get a matching gift for this is our most important month of the year financially for the American Center for Law and Justice of the ACLJ.org donate any amount we appreciate that it's doubled ACLJ.the American Center for Law and Justice were engaged in critical issues at home and abroad. Whether it's defending religious freedom. Protecting those who are persecuted for their faith. Uncovering corruption in the Washington bureaucracy and fighting to protect life in the courts and in Congress ACLJ would not be able to do any of this without your support for that. We are grateful.

Now there's an opportunity for you to help in any way for limited time you can participate in the ACLJ's matching challenge for every dollar you donate $10 gift becomes 20 $50 gift becomes 100. This is a critical time for the ACLJ the work we simply would not occur without your generous heart wrenching challenge to make protecting the constitutional and religious freedoms most important to you beautiful gift today online ACLJ only one. A society can agree that the most vulnerable invoice. Is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free powerful publication offering a panoramic view of the ACLJ's battle for the unborn is called mission will show you how you are personally publication includes a look at all major ACLJ cases were fighting for the rights of pro-life activist ramifications 40 years later Planned Parenthood's role in the abortion industry and what Obama care means to discover many ways your membership is powering the right question free copy of mission life today online ACLJ/breaking news, and that is Justice Samuel Alito, the associate justice of this report of United States is issued an order issued an initial order cases brought by a cumbersome Mike Kelly challenging the election of certification issues that revolve around the situation, Pennsylvania where they were the governor and the secretary. The Commonwealth extended dates and made various changes about legislative support and that case was litigated at these sprinkler Pennsylvania.

They will against a constant. Kelly took an application for basically an emergency will not basically as emergency application for rib injunction to stop this. Basically the seating of electors.

While the case is determined now. Originally the brief was due from the Commonwealth Pennsylvania on Wednesday, but last night late last night. Justice Alito issued an order saying no, I want that rape tomorrow at 9 AM that is significant.

Almost any go over again why that is significant, but that has been changed. The significance is the fact that originally the brief were the response of the Commonwealth of Pennsylvania would've been due on Wednesday.

Wednesday would've been after the date that the electors met and the slate of electors for the presumptive Presidential candidate would've been cast and then that's the end of it. So I Justice Alito has done is that okay look I want a response to the petition that Congressman Kelly filed from the Commonwealth of Pennsylvania not on Wednesday and not an end after the electors have met but before that was specifically by not a.m. on Tuesday, December 8 which will give the Supreme Court three hours between the time it receives the response 9 o'clock tomorrow and 12 o'clock when the electors made the make a decision as to whether or not I have you stay the meeting of the electors in the casting of that slate is there is the Biden's light yeah well here's what made up of Pennsylvania, now Pennsylvania exit. To be clear, that's it depends like there's other challenges in other states. Two issues that have been raised in my Kelly's case is number one to the elections and the elector clauses elections clause in elector clauses of the Constitution permit Pennsylvania to violate its state constitutions restrictions on its lawmaking power when enacting legislation from the conduct of federal elections. Not a lot of people know the election clauses in elector clauses people becoming experts in it. In the last couple of weeks, that's for sure. But that's the straight question of whether the states can arbitrarily through not the legislative process which is what's required, but rather through administrative action of that here the sector of the Commonwealth change the actual law absolutely. So one of the key issues here is that the change in the voting process in the state of Pennsylvania was not enacted via statutory changes through the state legislature. They are the sole body empowered by the United States Constitution to change the rules. Nonetheless, the governor and the secretary of the state took it upon themselves to say this is what is best for the citizens of Pennsylvania.

There is no legal or factual foundation for such a change and I think it is clear on its space. Speaking as a former law professor that the governor and the Secretary of State have the authority they did not have such authority to change the rules. Nonetheless, they dented. Nonetheless, they promise the citizens of Pennsylvania hey you can vote in violation effectively of the United States Constitution and the key question now is whether or not the Supreme Court will claw back the decision by the executive branch the family as you disk you know Congressman Mike Kelly. He brought this action, along with others. Individuals in the state electors. In the end I think also visit citizen voters what what is your sense of this and what you heard about this and it was it was a case that was not getting a lot of attention until right now. Well, first of I think people need understand you might Kelly has good friend of our organization to champion for life in so many issues, limited government, and otherwise he's a thoughtful man J and someone who is approach this in a very reasonable fashion. I think he's a good example of federal officials who have a number of concerns actually on how these elections were run inside their own states. Now they understand it is a federal official. They don't get to set those rules, but the D U.S. Constitution, the state constitution and then state statute all do govern them in order to make his significant changes as were made this year. That process has to be followed in this case the dramatic expansion of the mailing program. I know that that is a terrific concern to Congressman Kelly, and I think he thinks it may lead directly to some of the problems that were seen in JII don't think there's any doubt that pretty much everyone on all sides of these issues of this issue sees the move by Justice Alito as a direct sign that he will does want the court to be able to hear from both sides and actually way and to provide some certainty, but I just want to give that color on Congressman my This is not someone who just know through this together and and and file the suit. This is someone who looks at the law looks at the statute looks at the governing Constitution and says did it happen properly. Was this a lawful election right but let's take a phone call little to do with this early, but this is right on point were taking your calls at 800-684-3110 1-800-684-3110 Patricia Scully from Georgia per share on their great now all so much, Herman. Questionable election. Note a certified hear lectures inside of each state there anything we can actually bring court to get our boat County and make sure they are right.

This is exactly what you're talking about. Today's a constant Kelly which only involves Pennsylvania is one case, there is potentially the ability of various states to file it's called Harry original jurisdiction, that is.

Let's say you know state to state one state a suit states be cDNA because of election irregularities. They do that because they allege that if there were election irregularities.

It dilutes the votes of their constituents their citizens in their state. So when you have a situate situation like that a state can file against another state for its called original jurisdiction and it goes directly to the Supreme Court, absolutely. So if there are election irregularities in even one state, arguably, that dilutes the votes of citizens and in each and every other state in this particular case, there are assisted significant number of cake of cases pending involving an outcome determinative number of electors which could affect the outcome of the election. So given these election irregularities in Pennsylvania and alleged irregularities in Georgia in Michigan in Arizona and in Nevada, and possibly even in Wisconsin there is a basis for each and every other state in the United States to go to the United States Supreme Court and say look at what is happened and all these other states because what is happening with respect to these alleged election irregularities that affects the power or the influence of the vote of our citizens.

In other words, the issue is vote dilution in let's say a North Carolina or South Carolina or Florida. So any let let's again recast as we get ready to take a break because we got a lot of people that are joining us in a radio broadcast lobby by waiting on any of our social media platforms by the embedded rumble to our social media platform so I don't know if they do carry it live, but God that we will have videos up there so that's another when you should deftly put in your list of places find out about the ACLJ but Andy just as we get ready to go to break, as I think this is important for people to understand.

The fact is that the changing of the day doesn't seem that significant except for those of us that follow the Supreme Court.

This is really significant.

It's very significant because what Justice Alito is saying is that I don't want a response after the electors have mad and the slate of electors has been seeded. I want to hear from the state of Pennsylvania. In response to the petition that Congressman Kelly and I molding it right here emergency application for writ of injunction that he has filed. I want the response of the Commonwealth of Pennsylvania. The governor of the Secretary of State to be filed with the Supreme Court on tomorrow morning at 9 o'clock, which gives us the Supreme Court that is three hours in which to determine whether or not to grant an injunction and to prevent the seating of those Pennsylvania electors.

Now I'm not going to predict what the Supreme Court is going to do. Justice Alito is one of nine members of the Supreme Court.

He is the circuit justice for the Third Circuit, which is why he has the responsibility for doing this. And so that's exactly what he's doing.

He is giving the court time in order to determine whether or not to act and to intervene in the seating of these electors from Pennsylvania only you want to follow up on this table working to do during the radio. You got commercial breaks.

But God will recap some of this for you when you come back for a ready audience. If you're on Facebook or periscope or if you're on YouTube stay there share this with your friends working to is more followed up exactly what I was talking about the means. I really do think it's that important that we get into this so stay with us on this as we go into a break and let me courage or their literally 20,000 or more of you on our social media platforms right now. Not, not including the millions.

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Give a gift today online ACLJ back to the rock as if you're just joining us, the US court of the US supreme court justice Sam Alito who is the circuit justice for the Third Circuit Court of Appeals. What that means is, each justice is Circuit Court for Court of Appeals or multiple states. The 11th which takes care of like Alabama and Florida, Georgia, so this is how it's set up in this particular situation. Justice Alito each justice of this report is assigned a circuit to be the supervising judge, the circuit justice he is the circuit justice of the Third Circuit. What that means is something coming out of New Jersey Pennsylvania Delaware that goes to justice Alito if it's coming out an emergency basis.

Congressman Mike Kelly filed a lawsuit with challenging the changes that were made by the Commonwealth Sec. to the election laws of the state in the Commonwealth of Pennsylvania. He lost at the Supreme Court of Pennsylvania. He then took an emergency application for writ of injunction pending the file and disposition of a petition for certiorari in his brief, he said.

The power delegated to the Pennsylvania Gen. assembly by the U.S. Constitution to determine the manner of holding federal elections in selecting Presidential electors is constrained by restrictions imposed by the Pennsylvania Constitution minute lays out those arguments.

Those were modified by this report, Pennsylvania that was okay went to the Supreme Court of the United States was bottom holding the docket sheet.

To be clear, this is the Supreme Court's docket sheet for this from their their website and application was filed on December 3. The application number is 2028 98. It's an application for injunctive relief of the seating of the electors, a response to the application was requested by Justice Alito originally for Wednesday.

It was moved to Tuesday, December 8 and has to be in by 9 AM. Why is that significant because at 12 o'clock Eastern daylight Eastern time facing daily time is the same time the electors for all the states are seated at 12 noon Eastern. All of the electors are seated. Justice Alito says he wants a brief response from the Commonwealth of Pennsylvania by 9 AM and laid out again. What that means, that means he wants to give the Supreme Court about three hours to determine whether or not to grant the injunctive relief that Congressman Kelly asked for in his case in Pennsylvania and to determine whether or not in that three hour. The Supreme Court is going to basically enjoin prevent stop the seating of the Pennsylvania electors. That's exactly what he's trying to do if he had waited till Wednesday would have been too late because they would've been seated at noon or shortly thereafter. On Tuesday, so he is simply giving the court three hours more to make a determination as to whether or not there is room basis a basis for an injunction to be issued to prevent the Pennsylvania electors from being seated because of all the reasons all the reasons that he stated in a van.

A very well let me just say application for writ of injunction that was filed on December 3 J very interesting God, coming in from Tina on Facebook she says what if the state was a Commonwealth air Pennsylvania which the estate doesn't meet the deadline and Justice Alito's order, Harry Bagwell, by the way, I will go out like I went out.

I think that move would be against their own interest in my own intuition would be that then the court wouldn't would actually enjoying the seating of the electors, but it's also very very important. J go back to the original decision of the Pennsylvania Commonwealth Court, which issued an opinion on November 25 preliminarily enjoining the respondent that is the state in the executive branch from taking further steps to certify the results of the November 3, 2020 election. The point I'm making.

There is this is not a brand-new case if you will, that is God going to be heard before the United States Supreme Court.

We already have the four corners if you will of a potential decision in joining the seating of the electors because there wasn't a lower court decision basically enjoining the state from certifying at least on a preliminary basis now to be fair, of course, then the Pennsylvania Supreme Court issued an order on November 28, 2020 overturning or vacating of the Commonwealth courts decision but I think there's enough evidence on the record, including the record from the United States Constitution, which could provide the basis for the Supreme Court for enjoining the seating of the Pennsylvania electors yet so III tend to think that's Harry's analysis is completely correct now. This is the dynamic here so this is a very fast-moving dynamic. There may be, there may be other actions taken at the Supreme Court in the next couple of hours were not sure that yet. Will let you know if it doesn't we may come back to you up if it does in fact have been recently discussed with more of us. But these cases are what Scott what's happening is some of these cases are starting to mature. But again, for those of you who do not know Congressman Mike Kelly was been a friend of the ACLJ for a long time he sees. He signed a lot of our briefs to the Supreme Court of the United States than let let's talk about him.

This guy's been a champion for life. You know that about a champion for life champion for limited government, small business owner J so someone who appreciates the reduction in taxes that we saw over the last four years and I think the other thing that's important here as he understands the authority that state legislatures happier Harry talk about both article 2 in the 12 amendment clearly state legislatures have authority here and one of the central things that Congressman Kelly is saying is that when they acted in 2019 to delegate some of this power to the executive and that it was eventually used.

They did it in violation of the states Constitution. They granted more authority than was available to them.

So J again just going back to the comments I made earlier.

It's a thoughtful analysis that I think many people are jumping pastor jumping right to what the state legislature. Just test and validate well I mean, that's certainly a role they could play, but they also had an ability to delegate some of this authority and interview of Congressman Kelly. He thinks they didn't did it in violation of the state constitution in any I don't predicament because it's I think it's a dangerous thing to predict, but I will predict this. It's got the interest of this lease. Justice Alito I would say it definitely has Justice Alito's interest I would say is the same justice that issued the stay in the other part of the Pennsylvania case, which was the extending of the days which the late the male analogy together that we were involved in right right so that's as Alito has kindly shown his inclination with respect when I think he's going to do in the case is only one other justice that Mike and the name, who in my mind is going to be with him on this for absolute sure for absolute sure and there should be others who follow along as well by now like to predict what justices will do.

I want to but they were juries will do. I've had too many jury trials come back much different than what I expected them to be. Most of them did convict.

However, because I was a good prosecutor. At any rate, I think that this is going to be a very good it's a good sign. In my view, it's a very good style. You know, it's a sign of is assigned to the ballgame still employ joints adult walk off the field while against the Clarksville running the love of the field while the clock still running estimates right now time for the first half-hour, but we are here for another half hour.

If you don't get this broadcast with full out which you should review don't get it easy go to Facebook go to YouTube periscope gold ACLJ.org I'm leaving things out. I'm sure there's other platforms that could get the flower this broadcast. And don't forget getting an announcer you not get anywhere else. If you enjoy this program like what we do support the work of the ACLJ just to her commitment. Our biggest month December ACLJ.org that's ACLJ.org. If you're a Facebook periscope or the website share with your friends right now, the American Center for Law injustice were engaged in critical issues at home and abroad for limited time you can participate in the ACLJ matching challenge for every dollar you donate, it will be managed $10 gift becomes $20, $50 gift becomes 100 you can make a difference in the one who knew protecting the constitutional and religious freedoms most to you and your family.

Give a gift today online ACLJ.live from Washington DC Jay Sekulow and now chief counsel for the American Center for Law injustice Jay Sekulow late last night.

Justice Samuel Alito is in the Mike Kelly comes Mike Kelly's case against the Commonwealth of Pennsylvania that was on the changing of the mail-in ballot issues. He initially got a TRO at the trial court that was ultimately overturned this report, Pennsylvania accounts when Kelly took it to the Supreme Court of the United States.

The filing was on and reading directly from the docket sheet of the Supreme Court of the United States was filed the application for emergency injunctive relief, which is to stop the same electors was filed on December 3 in order was issued initially in that order, provided that the response was good to be due Wednesday date two days from now. Last night there was a change. Justice Alito issued another order same response.

The application is now due Tuesday, December 8. By 9 AM.

That's because the electors are seated on December 8 at noon to give the Supreme Court three hours to evaluate this. You cannot predict what that means in the case that would not be fair, but it does say Terry would talk about this during the break. Let's talk about it again for a full audience. By the way, if you're on Facebook periscope you to wherever your listening share this with your friends in any analysis. I can get anyplace else we live these cases what we know them better than anybody up, but obviously Justice Alito wants the full breadth of response so they can then make a decision what he's going to do absolutely. So I think representative Mike Kelly has filed a lawsuit and if you look at the four corners of that lawsuit. That lawsuit basically based on Justice Alito's decision does include sufficient elements for bringing a cause of action.

Number one, number 214 joining the state from seeking its electors, but equally important, the decision by Justice Alito and hopefully by the United States Supreme Court sends a strong and unmistakable signal to each and every state, particularly with in the executive branch. If you change your election rules shortly before the election, and you do so without the consent of the state legislature that in and of itself is a basis for litigation and for potentially at least, and I emphasize the word potentially invalidating the results of that election that will be obvious a determination of what the what's called the prayer for relief.

What are we asking let's take Linda Scull she's calling from Florida very to call Linda Walker broadcaster on their that what we need.

The President ordered or both are believers in the account that the agent to help with this product as an authentic 19.

I first let me answer your first question, because I we I gotta keep moving. Today Linda it's your first question, what can you do.

It's being done so comes when Kelly brought cases others in our teams abroad cases.

We brought applications in cases so what's gonna happen is what's the next up after this is Justice Alito will get the brief Sandy. He then will make a determine whether heat will issue a stay on his own, which is the authority to do right and refer to the court for further disposition or just refer to the court immediately, but that within a three hour window.

That's right, he has the right to make a decision is the second Justice to grant an injunction like the only only as a temporary injunction or Temporary Restraining Order against further proceedings in Pennsylvania with respect to the state of the electors or we can refer to the full court for the determination on Mike and the predict again which were just as Alito was going to go. I have my own thoughts with respect to that, but it is now in the hands of the Supreme Court of the United States and that is Pennsylvania. Remember, we're talking only about Pennsylvania right now and that should be clear this is not affect other states. The case is before the Supreme Court on the electors sitting in Pennsylvania and an injunction to prevent that, filed by Congressman Kelly. We got coming up for you as we go to break a very important video that you need to see to summarize where we are a lot of issues this is really important to again share this with your friends. We encourage you to do that support the work of the ACLJ can do that it ACLJ.org. If you're listening on Facebook periscope you to share with your friends right now and support the work they sealed it ACLJ.org also glad to announce were now on the American Center for Law and Justice were engaged in school issues at home and abroad. Whether it's defending religious freedom. Protecting those who are persecuted for their faith. Uncovering corruption in the Washington bureaucracy and fighting to protect life reports and in Congress ACLJ would not be able to do any of this without your support for that. We are grateful. Now there's an opportunity for you to help me way for limited time you can participate in the ACLJ's matching challenge for every dollar you donate $10 gift comes 20 oh $50 gift becomes 100.

This is a critical time for the ACLJ the work we simply would not occur without your generous take part in our matching challenge make a difference in protecting the constitutional and religious freedoms most important to you and your family. Give a gift today online ACLJ only one.

A society can agree that the most vulnerable invoice is, is there any hope for that culture to survive. And that's exactly what you are saying when you stand with the American Center for Law and Justice, defendant the right to life, we've created a free hour for publication offering a panoramic view of the ACLJ's battle for the unborn is called mission will show you how you are personally publication includes a look at all major ACLJ cases were fighting for the rights of pro-life activist the ramifications of Roe V Wade, 40 years later Planned Parenthood's role in the abortion industry and what Obama care means to the pro-life discover the many ways your membership in the ACLJ is empowering the right question free copy of mission life today online ACLJ/you just joining us a breaking news on the Supreme Court. Justice Alito ordering response by tomorrow morning at 9 o'clock from the Commonwealth of Pennsylvania on a child by her good friend Congressman Mike Kelly who is joining us on the broadcast.

Right now, so if you are listening to your friends and tell Melissa did appear on any of our social media platform adult. I could tell you by looking at you are. A lot of you are about tens of thousands of you are share this with your friends right now really important. Currently Kelly I think for comment on. Tell us about what you brought I think is important for the people to hear from you why you brought this litigation. When you look at what happened and why did it happen then you look at that step to the Pennsylvania legislature back in October 2000 like for no excuse balanced out an album if I don't get mail about what he had asked about the regular traditional way of voting at the mail and doubt are before the pandemic that have nothing to do with the pandemic, but it does happen. What's something that the Pennsylvania legislature if I really wanted to do that they could have done something to look at Pennsylvania law became devoted and they could have done it amendment they show the go.

The first step the start that but then they abandoned that and put in the mail and ballot the notes you smell that ballot with applicant on the bill that had felt it did not go through the proper channels unconstitutional by making by changing the but lately Pennsylvania now become full work we find out that in the past election the mail and ballot the notes you smell and ballot the fight that I got the right way that they had done that, based on what they should affect our throat.

The flatness to change the codefendant amendment that would've had to go before the voters. They would've had a vote on a referendum to changing the way we voted Pennsylvania that get bought out that there was part of the knob got locked in the block at all with that ballot before looking at my got shot at the Happen because we did follow the Boardwalk spoke briefly about this early on you to a very bold move, which I think this type which said this over and over again that in this kind of situation. Bold moves are what's required of you.

This is not this is not for the tappet you got a bold move here, why did you decide to do it I think is important for the American people to hear why you a conference in Pennsylvania said this is wrong.

I want to take action. I think well part apart when you are what you owe. The outfit I opened every other single member of Congress date and whether you like your data you're looking at an old office and all important word here that you would pick up for anything that could affect you personally. You have to work within the confines and the construct of majestic very carefully laid out what it is that we need to maintain our Republic out yet.

There was an obligation because of your oath of office to follow what's there and felt really think people were elected by their fellow to represent them at work within the confines of the pot and when you go out like that. When you click your your your future in the political about it.

Actually doing what you're supposed do what euro something wrong with that. I'll try to do thought that you… If you Pennsylvania allow this mailing ballot they call granite although think that has to be looked at it at the tip of the public.

The faith people say that the President is just delaying the board just like you doing this is not as if there is not only precedent but the Constitution sets out a framework upon which, in the states.

It sets out a framework like there's a there's an election challenge in Georgia going on that's name) what Congressman Kelly did. That's right, there is an election contest going on in Georgia under the statue would Congressman Kelly did and I don't want to speak for him, but I've read is pleading is saying the Constitution is not just a piece of parchment hanging in the national archives. It is a living breathing document that has validity today as it did in the 18 century when it was drafted and what it says is the legislature shall make the decisions with respect to the means and manner and method of voting in the in each jurisdiction in each state and Congressman Kelly's attempt to get the Supreme Court of Pennsylvania to do that was rebuffed.

He is now seeking relief in the Supreme Court of the United States by way of an injunction. Justice Alito has taken as circuit justice. This action to give more time for the Supreme Court to act on this. I applaud Congressman Kelly for his support of the Constitution of the United States. Again, not just a piece of paper in the national archives, but something that is very important and dear to us, which as he said he had took an oath to uphold and he is doing it. I want to go to the Carson Kelly by Van Bennett, our director of government affairs, we just lost. Okay, we just lost on some guy will Dragon back. Thank the counselor here did take bold move and sure did, and I would love to hear the Congressman's thoughts on this because you know we worked with them on a wide variety of issues. Everything from life to religious liberty that regulatory relief of the one of the things we work within the non-is restraining the limits of the federal government appropriately and he talked his response to you actually think we have them back to Congressman Kelly fan Bennett here.

I just wanted to follow up on the on the comment you made about the state legislature's role here. This is something that that we have worked with you on a number of issues on if you're gonna delegate authority to a state or retain authority inside his state, you have to assure insured that that state operates according to the rule of law and that the legislature only delegates to the executive things that are within its authority to do so in your claim here isn't that what you're arguing that the legislature went outside of its bounds to grant the executive. This action is that at the core, the claim here yet what I really crucial that is not about Republican only art but thought the Republican what's taking place, but 1.4 million men and women in uniform that have given their lives because they took it out to defend this country get out at me sport and domestic. When looking at what's going on right now we are going to abandon that block. We are not elected to office your ticket all that that bit about the phone phone phone problems, but I appreciate what you done.

I appreciate the Savior take an hour to see what the Supreme Court guns. I want to say this, our production teams only this Logan just asked me to mention this, we are having a phenomenal response right now on our social media platforms, but especially YouTube subscribe to appear on it right now on YouTube which guide you are. We have about 120,000 or so subscribers. We just really got Lawrence's measly hundred 29,000 scrubs, I guess is going up some some translations we better let me encourage you to subscribe, just hit the subscribe button and you are now a subscriber of our channel. I just did it here and now your subscribe if you are on and there are 26,000 217,000 of you that are on right now subscribe. We encourage you to do that very very important subscribe. If you're on YouTube. Same thing for space will be encouraged to do the same thing also.

We have were monitoring the chat you can be a super chat and will get to maybe some of those during the break coming up. You will try to pull some of those so we can get those to you all let me go ahead and take another phone call Kimberly Scully from Georgia really go ahead and call me there are confirming their elector came in Georgia where my home state and feeding their so what I think happened if there is a positive outcome at least temporary reprieve, so to speak in in Pennsylvania. I think other litigation would move this essay happening hours would move quickly to these court. You could start moving cases quickly. There is a case in Georgia, for instance, so maybe that case becomes a quick move.

There are cases in these other states and then there could be direct actions taken by the states as well and be and George got some litigation, you reviewed the drive, comfortable with.

That's right, there is the litigation in Georgia contesting the election brought in the Superior Court of Fulton County, waiting for a judge to be assigned to that case. To hear the relief there is actions taken on other jurisdictions, challenging what is happened of the Supreme Court of the United States not seating these electors are temporarily enjoying them may send a signal out as to what the Supreme Court ultimately may do if these cases go before it. So it it's an important very important decision that's going to come out tomorrow I think will be before noon tomorrow in Pennsylvania, one where another as to whether what what the Supreme Court says with respect to the Constitution and the legislature's exclusive right to determine the means, method and manner of election and I were to stay alive during this break and I get up your radial portion of a commercial break, but let me encourage you to stay with us and share this with your friends.

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We got close to almost 29,000 people may have 30,000 boards over on our YouTube channel right now and I think 15 reporting 15,000 on Facebook and I'm sure plenty watching on are not our other social media platforms by periscope and ACLJ that are very important regular channels. There may be additional cases coming to the Supreme Court in the hours, but in the hours ahead. I will keep you posted on that. Let's get some calls. Let's go to Pete was calling from Illinois pico add good question or you will your selection that how than the VP brings it to the Congress or that is totally different.

I don't see right now.

A scenario where the election is that somebody could be decided by commerce, but not Executive Order doesn't have anything to do. That's as far far election interference is that doesn't really that doesn't really apply here and asked you this, the looking at the timing of all of this and this is stuff taking place not in days and days and days. But in a couple days and hours yeah it's it's literally hours, minutes, even main decisions can be made that are going to affect the outcome of the United States government for the next four years that are to be made by the Supreme Court of the United States and by other states and jurisdictions considering the various cases that have been filed literally in matters of hours.

I mean think about it right now. It's almost a 1 o'clock Eastern here are a few areas live in your listening to this and think about of the Supreme Court on Tuesday, December 8 at 9 o'clock.

I want to hear from Pennsylvania. That means electors are going to meet at 12 o'clock. My prediction is, is to be something from the Supreme Court before the essay, but something we are getting phenomenal response right now on our our media platforms because of his broadcast. We got Sergio listening from Paraguay sitting as regards the present. But let me tell you what reminder he said let's keep up the fight because it's good for the world. Let me say this though, when you subscribe to our channel which were encouraging you to do right now subscribe to the ACLJ's YouTube channel or Facebook, but on YouTube also hit the bell next-door neck next to the subscribe button because what that does is give you a notification when in fact, where on so not only subscribe and everybody that's listening right now should subscribe but hit that notification button as well. Let's go to Doug was calling from Wisconsin online for Doug. My call with state doing something similar like telling and also doing something so there is litigation Wisconsin that's going on right now and there is litigation in Georgia going on right now so those states are still what I would call outcome determinative. Yes, there is litigation and George's suit was filed down there contesting the election in the Superior Court of Fulton County and the state court system is going to be assigned to a judge, probably today, and there will probably be an emergency hearing for the relief that is being sought down there so these cases are taking place all over the country very fast today is that they're moving very quickly. The Supreme Court of the United States is moving very quickly.

Various jurisdictions are because the time is running out. But Harry, it's also important for people to know that the Supreme Court can act in literally in minutes absolutely and one of the things that we should keep in mind right now is that during the pandemic Supreme Court can meet via their own videoconferencing and that does not necessarily mean that they have to convene individually and they can decide very very quickly whether or not to issue in enjoining order.

Okay let me go. Let's take this long. Take the last call level to take some other comments coming every get some comments from the Facebook and YouTube will get those Elizabeth South Dakota. Go ahead Elizabeth over her phalanx of coming to her being able to kill her about the election coming play she has to say. She does not state each justice makes a decision, she did not say she was going to abstain and fan you talk about something that was the lasting legacy of the President or not is not a selection go. She's on for life. Yet all three justices again be part of the legacy of Pres. Trump. No matter when his term ends and let Jami she was never at injustice pair was never involved in any case involving this election cycle, so there would be no reason, in my view. Obviously that's not my decision to make its first of the day I'll just tell you I can't think of a credible reason by which he should even have to consider it.

In this case, I would imagine that she would be hearing this case if the full-court takes it up.

I think that's exactly correct and so I don't expect any extensions, what I expect is that tomorrow morning at 9 o'clock. The Commonwealth of Pennsylvania to file the brief response to my Kelly's request for the emergency stay sitting the electric that's what I think.

Now do I know the outcome of that I absolutely do not.

And the reason I don't know is because Justice Alito has multiple options. He can decide himself initially temporary stay while he refers it to the court. He could deny it or he could add me said into the whole corporate decision. That's right, he's gotten several options that he can use he can.

Like you say, temporarily granted denied our refer to the court for consideration. So that's the will you know ultimately it's going to be the Supreme Court that's going to decide these fate of my Kelly's litigation in Pennsylvania and whether those electors are going to be seated or not it's going to come probably before 12 o'clock noon tomorrow when the electors meet and then the slightest seated or not slide on YouTube did appreciate this in the super chat on YouTube said he's a fellow George and Andy. He's good be voting in person for the Senate runoff was a debate yesterday when we get time to get into the debate. I'm not sure that the bay changed the meat lady. Actually, I think it was kind of a draw.

I am so glad to hear that sly I don't know where you're from. In Georgia, but you go in there and you vote the right way. I know you have a lot out of you vote but you know you know what to do that for maybe his individual capacity. Mine is a lawyer and resident of this as a lawyer in the citizen of Georgia is that 98 Theta California State of Georgia right outside California so that that's clear Earl on super super Japanese tubes as God bless you guys. We also have old Mr. Young dude on super guy like that. He said thanks for the service of our country ACLJ everyone watching hit that like but what he's talking about is on YouTube, which we have more people watching on YouTube and remember that we just launch is really the last what would we do this will this lesson a month we have a million people is my rate of 4000 radio station, but this is a new platform for us and we have right now.

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