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Stephen Rolandi analyzed the Presidential Election for WPCNR predicting a Joseph Biden victory. Here is Mr. Rolandi’s view of the results as of Thursday evening, which are solely his own opinion and do not reflect the views of his employers, Pace University and City University of New York.
WPCNR WHITE PLAINS LAW JOURNAL. News & Comment by Stephen Rolandi December 10, 2020:
I don’t believe this case will be successful.
I read much of the 200+ page legal motion/application that the Texas Attorney General filed with SCOTUS, challenging the states of PA., Michigan, Wisconsin, and Georgia. Since the time that the Texas AG filed his motion, 17 state AGs have joined in the motion as friends of the court, all from “red” states. PA./Michigan/Wisconsin/Georgia have until today to respond to the Texas Supreme Court challenge.
States may challenge other states & have their case heard directly by the Supreme Court. In such disputes, the states must have what is called “standing to sue,” that is they must show some direct impact or how they might be impacted.
For example, the Supreme Court heard a challenge some years back when NJ and NY both claimed the land under which the Statue of Liberty stands.
In the Texas application, many legal scholars don’t see how Texas is impacted by the election results in those 4 states. Texas’ argument is that those states did not follow their state election procedures – that is a matter of STATE law, not Federal. Also, Texas has made many claims that are not supported by facts or evidence.
The Trump campaign team has filed approximately 65 legal challenges to the election results in those 4 states & others; they have lost over 95% of them. Earlier this week, Justice Alito and a unanimous SCOTUS dismissed a challenge in a PA. case.
Trump would need 4 Supreme Court judges to agree to hear the Texas case, and I don’t see which 4 are wiling to do this, given how the courts — Federal & state — have turned down nearly every legal challenge so far.
Several prominent Republicans, including former U.S. Senator Lowell Weicker and former NJ Governor Christine Todd Whitman, and 15 other conservative Republicans have filed an amicus curiae (“friend of the court”) motion urging the US Supreme Court to reject the Texas application.
As we continue to see the number of COVID cases rise in New York and across the nation, it’s critical that we not only remain tough and practice safe behaviors to limit viral spread, but that we also do everything in our power to ensure hospitals are prepared to handle a growing number of patients.
As I announced Monday, New York has instituted a number of measures to help prevent hospitals from becoming overwhelmed including a directive to expand capacity by 25 percent. Everyone must do their part to slow the spread of the virus and stop the uptick in hospitalizations. If we work together and stay New York Tough, we can manage this pandemic until the vaccine is here.
Photo of the Day: New Yorkers stop by to view the Rockefeller Center Christmas Tree (Photo by Cindy Ord/Getty Images)
Here’s what else you need to know today:
1. Total COVID hospitalizations rose to 4,835. Of the 162,464 tests reported yesterday, 9,335, or 5.74 percent, were positive. There were 906 patients in ICU yesterday, up 34 from the previous day. Of them, 493 are intubated. Sadly, we lost 74 New Yorkers to the virus.
2. Driver’s license expiration dates have been pushed back to January 1, 2021. If you have a New York State Driver’s License or permit with an expiration date after March 1, 2020, it is still valid until January 1, 2021. This extended an Executive Order that granted people whose licenses expired during the pandemic more time to renew.
3. SUNY Upstate Medical University received the number one ranking by the U.S. Food and Drug Administration for its COVID-19 saliva test. The saliva test developed by Upstate Medical and New York startup Quadrant Biosciences, called Clarifi COVID-19, detects the virus in its earliest stages. The FDA also cited the test as being among the most sensitive tests regardless of type. SUNY’s COVID-19 saliva test is cost-effective and easy to use, which has been instrumental in helping SUNY campuses test students and staff and pinpoint cases.
4. In the second round of the program, Nourish NY has so far spent $2.4 million to help New Yorkers in need. So far, over 2.6 million pounds of raw milk has been turned into dairy products and distributed by food banks, along with 750,000 pounds of produce. Over one million households in need have received products sourced from New York farms.
Tonight’s “Deep Breath Moment”: Major Wooten of Alabama was recently hospitalized with COVID-19 but overcame the virus just in time to celebrate his 104th birthday last week. Wooten, who served in World War II repairing damaged trains in France, left Madison Hospital in a wheelchair adorned with birthday balloons as hospital workers sang “Happy Birthday.”
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