Pennsylvania Supreme Court dismisses GOP lawsuit to overturn election results


President Donald Trump’s awful week in court continued on Saturday with another adverse decision by a Pennsylvania court.

The Pennsylvania Supreme Court unanimously ruled that the lawsuit filed by MP Mike Kelly and other Republicans challenging the state’s postal voting law passed in October 2019 was filed too long after it was passed, and therefore rejected the requested review. to the law.

“The lack of due diligence demonstrated in this case is not to be confused,” the court wrote in its unsigned, curiam opinion. “More than a year after the enactment of Act 77, the petitioners submitted this challenge to the statutory provisions for postal voting.”

The court also overturned a lower court order that prevented Pennsylvania from advancing by justifying his election. The action was dismissed with prejudices, putting an end to this challenge once and for all.

Marc Elias as a democratic voting lawyer pointed to it on Twitter, the lawsuit, if successful, would have had an additional, probably unintended effect: it would have blocked the verification of Kelly’s own election results in the 16th district of Pennsylvania as well.

Pennsylvania on Tuesday confirmed its presidential election results, sealing President Joe Biden’s victory in the decisive momentum. But a judge took interim action that day with certification – one secretary of state planned to challenge him in the state Supreme Court. With Saturday’s decision, certification can continue. Biden beat Trump by more than 80,000 votes in the final standings to get 20 Pennsylvania voter votes.

Kelly was joined by former Pennsylvania Congress candidate Sean Parnell and six other residents of Keystone State, including a State House candidate who claimed only 5.5 percent of the vote in his last contest. The plaintiffs argued that the state’s law on postal voting was unconstitutional and proposed two possible remedies: either to invalidate all postal ballots cast in the election or to elect the slate of presidential voters to the Republican-controlled Pennsylvania Assembly. , not Pennsylvania voters.

Any remedy would have been free of voters to an unprecedented level of suffrage in the modern age while handing over the state to Trump – and the court rejected both out of hand.

“It is outside the lawyer that the petitioners did not exercise due diligence in presenting the immediate action,” the court wrote. “Equally clear is the significant prejudice arising from the petitioners’ inability to immediately challenge the legal system of postal voting, as this inaction would result in the disenfranchisement of millions of Pennsylvania voters.”

The Trump campaign cannot stop court losses

John Fetterman as head of government in Pennsylvania he pointed out in a tweet after the state Supreme Court ruling was announced, Saturday’s decision is by no means the only recent loss on the part of the Trump campaign and GOP members who want to destroy the results of the 2020 presidential election.

Just last week in Pennsylvania, the Trump campaign lost twice in quick succession in federal court. Most recently, Stephanos Bibas, a judge appointed by Trump in the Third District Court of Appeals, wrote that the president’s lawsuit challenging the election results in Pennsylvania “has no merit”.

“Free, fair elections are the lifeblood of our democracy,” Bibas wrote in a 21-page unanimous resolution. “The allegations of injustice are serious. But calling the election unfair doesn’t do that. Fees require specific statements and then justification. He’s not here either.

Overall, the President’s undulating legal strategy yielded a score of 1-39 before various state and federal courts in the country, According to Elias. Evidence of voter fraud or other irregularities was found nowhere, despite the fact that Trump and his allies made false allegations and the December 8 federal election certification deadline expires.

However, this did not thwart the President’s pointless arguments about election fraud.

“The number of ballot papers challenged by our campaign in the Pennsylvania case is GREATER than 81,000 votes. It’s not even close. Much of the case is about fraud and illegal cases, ”Trump said wrote on Twitter Saturday, though there is no evidence of fraud obsession lawlessness and Pennsylvania has already verified its election results.

Even if Republican court challenges fail, Trump’s other options could overthrow the election results – and the democratic process – quickly fade.

In particular, according to an extremist theory proclaimed by Trump, state legislators controlled by Republicans, like Pennsylvania, can nominate their own Trump electoral board, regardless of how the state voted. Trump tweeted so much last week writing it “Hopefully the courts and / or legislators have the COURAGE to do the job,” and Republicans hoped the Pennsylvania Supreme Court would pave the way for legislative participation.

However, this is not a feasible scheme. Beyond the fact that the court rejected the idea, the theory is not backed state legislators must do anything “even remotely close to the majority involved,” and even if they did, they would certainly face a veto from the democratic governor of Pennsylvania and a rapid series of legal challenges.

That the U.S. Supreme Court could somehow overturn election results – Jenna Ellis, senior counsel for Trump, referred to strategy in Friday’s tweet after the campaign’s third circuit loss – is also unlikely to succeed. According to Steve Vladeck, a professor of law at the University of Texas, “the Trump campaign has the right to ask # SCOTUS to review this decision and has the right to seek an order from the Court of Justice until appeal. But as Judge Bibas’s opinion makes clear, try as much as you can, this lawsuit has no chance of success. “

Finally, the Trump campaign never had evidence of the allegations of fraud that many judges and judges have now pointed out. And his other efforts have failed, or are actively failing, as states move forward by proving their election results. The president can continue to tweet – but from noon on January 20, 2021, he will no longer be president. It will be Biden.