Judges unimpressed with New York Democrats' big power grab cancelling primary

May 17, 2020
Judges unimpressed with New York Democrats' big power grab cancelling primary
By Monica Showalter

https://www.americanthinker.com/blo...ts_big_power_grab_cancelling_its_primary.html

New York's Democrats have had a grand old time feeling their oats in all the power they've been able to seize with the advent of the coronavirus. Besides shutting down small businesses at the expense of large, setting up snitch lines for quarantine violators, ordering COVID-19 patients into the state's nursing homes, and extending 'lockdown' (a prison term) orders across the state, regardless of local conditions -- and extending and extending, they've also decided to cancel elections. Hain't they got the power? What could be more useful for budding dictators than no elections at all?

All for the sake of'safety,' they claim, meaning, safety for them.

But they're not impressing judges with their stunt, and an ongoing lawsuit challenging is signalling they're not going to get away with it.

According to the Associated Press, as run in the Epoch Times:

NEW YORK—Federal appeals court judges seemed inclined during oral arguments Friday to let New York’s Democratic presidential primary proceed next month despite state claims that it could threaten the safety of voters during a pandemic.The three-judge panel of the 2nd U.S. Circuit Court of Appeals heard 90 minutes of arguments after a judge last week ordered the primary to take place despite an April decision by Democratic members of the state’s Board of Elections to cancel it.

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Here's the best passage from a really smart judge on the panel:

Judge José A. Cabranes cited the constitutional right to vote and the First Amendment and questioned whether state or national leaders of the Democratic party had a say in the decision to cancel the primary.

He also said delegates play an important role in the Democratic convention and have made the difference in the selection of vice presidential candidates in the past.

“Doesn’t it seem odd to you that somehow these other political contests will go on and the only one that’s eliminated is the presidential primary? Doesn’t it suggest that there’s some particular objective here that’s perhaps not obvious to any of us?” Cabranes asked.

“No, no,” Vale responded. “This is all in the context of the pandemic.”

“Has any other state cancelled its presidential primary?” Cabranes asked.

“No,” Vale said.

“So that’s quite unusual, obviously, by definition,” Cabranes said.

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The judge was pointing out that by their logic, everyone in the country gets to vote in a presidential election, but there's this special exception to exclude New Yorkers. Which when you think about it, is pretty disgusting.

The other important point made in the Associated Press article is that the suspended election isn't just about presidential politics, and the dreaded prospect (to them) of reviving Bernie Sanders' campaign, instead of coronate Joe Biden. It's about the downmarket races, too, the ones the Republicans could easily win, and who knows, potentially knock the leftists out of the statehouse. That must be the real reason they cancelled the primary.

And they only did it because they have been getting away with so much during the pandemic, growing power-mad in the process. The very idea of cancelling an election is outrageous, really. If people can stand in line at Walmart and wear masks and socially distance, there is no reason they can't stand in line to vote. The judges can see this, and I look forward to their harsh rebuke.

These clowns can't get their comeuppance soon enough.

Appeals Court Rules New York Must Hold Democratic Primary in June
Posted by Mary Chastain Tuesday, May 19, 2020 at 3:00pm

https://legalinsurrection.com/2020/...-hold-democratic-primary-in-june/#more-318605

The Board of Elections will not appeal this decision.

The Second Circuit Court of Appeals upheld a previous ruling that New York must hold its Democratic primary on June 23.

Democratic Gov. Andrew Cuomo originally moved the April 28 primary to June when Wuhan coronavirus cases went through the roof.

The State Board of Elections tried to cancel the primary back in April:

Commissioner Douglas Kellner said the Democratic Party has settled on former Vice President Joe Biden as its standard-bearer, and holding a primary amounted to an unnecessary “beauty contest” that could put voters and poll workers at risk.

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The Board of Elections relied on a statute enacted as part of the state budget on April 3. It allowed the board, in light of the pandemic, to remove from the primary ballot any presidential candidate—and people running to support them as delegates at the party’s nominating convention—who had publicly suspended their campaign.

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Former presidential candidate Andrew Yang filed a lawsuit against the board, claiming the cancellation stripped the candidate and his delegates of their constitutional rights.

Sanders dropped out but wanted to remain on the remaining ballots to gather delegates as a way to persuade the Democratic Party to adopt his radical views.

District Judge Analisa Torres ruled in favor of Yang on May 5.

The Board of Elections appealed. But the judges upheld the previous ruling:

After reviewing the record, we affirm the order granting the application for a preliminary injunction for substantially the reasons given by the District Court in its thorough May 5, 2020 Opinion and Order,” said the ruling signed by Circuit Judges Amalya Kearse, Dennis Jacob and Jose Cabranes.

“We have reviewed all of the remaining arguments raised by Defendants on appeal and find them to be without merit. For the foregoing reasons, we AFFIRM the May 5, 2020 order of the District Court.”

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Kellner said the board will not appeal this decision “so we can focus all of our attention on the daunting tasks of managing the primary election in a way that minimizes the risks to the public and to election workers.”

I hope the people of New York remember who has been keeping them under house arrest for the last few months.

PBinWA said:

I hope the people of New York remember who has been keeping them under house arrest for the last few months.

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So do I.

And the governors of a few other states!! The dims weren't satisfied with pulling a hoax on Trump, they want to do it to the American people too.
Mike