[ April 19, 2024 ]
David Marcus, yet again, hits it out of the park.
The U.S. Supreme Court Should Act On Pennsylvania’s Vote Count
By David Marcus The Federalist, November 5, 2020:
The United States Constitution could not be clearer that state legislatures, not courts, make the laws that regulate how elections are held in each state. That’s not happening right now in the battleground state of Pennsylvania, one of a handful of states that elect state Supreme Court justices in partisan elections.
Story continues below advertisementEarlier this year in Pennsylvania, the Democrat-dominated state Supreme Court ruled that ballots could be counted up to three days after Election Day, even if it could not be shown that they had arrived by November 3, as required by state law.
Earlier this year the United States Supreme Court rejected an action brought by the Pennsylvania Republican Party to block the Pennsylvania Supreme Court’s actions. The court rejected it with a 4-4 vote, but did not rule on the merits of the case, which are still very much at issue. In addition, the court at the time did not include newly-minted Justice Amy Coney Barrett.
One can understand why the U.S. Supreme Court would want to avoid invalidating a state court ruling on an election before the election is held. In other words, to take a wait-and-see approach, but now we have waited and what we see is an incredibly tight race in Pennsylvania that could well decide the presidency. The merits of the case really matter, which is why the Pennsylvania GOP and the Trump campaign have joined in a new lawsuit meant to block ballots without postmarks, or those received after Election Day.
This time around, SCOTUS must restore the rule of law by rejecting the blatant political maneuvering of the Pennsylvania Supreme Court. The state’s high court not only rewrote a law passed by the state legislature, it invited all kinds of corruption on the part of vote-counters in charge of determining what ballots are accepted.
The counters are supposed to be segregating the ballots received after Election Day, in case they are invalidated by a Supreme Court ruling. But GOP officials are alleging they are being locked out of oversight of the count, so no one can say with any certainty whether the proper ballots are being segregated.
Adding to the possibility of corruption is that in Philadelphia, which almost certainly has the largest number of late mail-in votes, officials can see the statewide results and they have a pretty good idea of how many extra votes Biden needs to win the state, which Trump now narrowly leads.
The overtly politically nature of the Pennsylvania Supreme Court, which is not only controlled by Democrats but heavily tied into the state party machine, is further reason why the U.S. Supreme Court should tamp down this obvious judicial activism.
The law as written could not have been clearer: votes received after Election Day should not be counted. This is in no sense disenfranchisement, it is rather the normal functioning of the state legislature’s right to set election laws. Meanwhile, voters in the Keystone state had plenty of time to get their ballots in. Frankly, if a voter waited until the last minute and the ballot didn’t arrive on time, that is on them.
The U.S. Supreme Court must not punt on this vital issue this time around. With so much potentially hanging on the result in Pennsylvania, the nation’s highest court should make clear that legislatures write voting laws, not courts. Pennsylvania has a Republican-controlled legislature but a Democratic mayor in Philadelphia, a Democratic governor, secretary of the commonwealth, attorney general, and yes, state Supreme Court. The U.S. Supreme Court needs to act this time, to protect the rule of law and the integrity of the presidential election from this blatantly unconstitutional abuse of power in Pennsylvania.
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5 Comments
3 years ago
Seriously? Just PA?
SCOTUS must on ALL the corrupt Democrat secretaries of states, poll watchers, postmasters, all of them, and with haste!
The nation is being torn to pieces by Democrats, and this will not end well no matter who is declared the “winner” because WE WILL ALL LOSE!
3 years ago
Had Mitch not dragged out Amy’s confirmation that Supreme Court tie would not have happened. Mitch was hedging his bets on who would win and stayed neutral.
The Pa. GOP majority controlled legislature has no excuse for not acting on this. I have no idea why they are not acting on it….
3 years ago
MaligNancy declared Judge Amy, and thus the whole court, as “illegitimate” on Wednesday.
That’s not a coincidence. Unlike President Trump, MaligNancy knows how to play the game. She knows that the state legislatures, on their own, can actually allocate the electoral votes. She knows that there are several legal, constitutional paths, to the oval office.
Tweeting ain’t one of them.
She knows that in the areas that voted overwhelmingly for the Senile Rapist, the local government are happy to allow “protesting,” and release the arrested “protesters” the very next day – to do it all again.
She knows that Beef Lo Mein was always a front for communist revolutionaries.
She knows that the Justices all live in areas where Fingers won by overwhelming margins, and the local cops might not be as aggressive in defending their homes as you might think.
And she knows that the Justices know this.
When you strike at the King, don’t miss. AG Eeyore Barr and the FBI have a long track record of never unsheathing those swords that they rattle. All talk. If I were Judge Amy, I’m not sure that I’d trust the protection of these people – not with the kids that I have.
MaligNancy is playing 3D chess; Trump is playing TwitterRant.
MaligNancy can get Fingers into the White House via the states, constitutionally. She can also intimidate those who live in and around DC, just by not stopping the “protesters.” She does that with nothing more than a glance. Let the governors, etc., know “we’ve got your back. Nobody is going to oppose you.”
Because of his unconstitutional tweets (“STOP THE COUNT!” Who is he, King?) he has laid the groundwork for his own undoing.
We needed to see the calm, bright, focused Trump of Debate #2. Instead we’re getting Mr. ADHD Rant.
Is he right? Is the election being stolen?
You bet.
Whose fault is that, again? Who controls the DOJ and FBI, and could/should have been making preparations for the last year? You? Me?
His naivety about how the game is played is, I’m quite sure, endlessly entertaining for MaligNancy. She must giggle.
3 years ago
The headline is from Saturday Night Live, right? Humor? The politicized Extreme Court
to take (Proper) action? With Obama’s boy, Roberts and the two total incompetents,
Kagan and Sotomayer wearing black robes, don’t expect too much, judicially speaking.
3 years ago
It is a NATIONAL problem caused by all of these blatantly corrupt localities of Philadelphia, Detroit(Wayne County), Atlanta(Fulton County), Chicago(Cooke County), Milwaukee, Charlotte, Minneapolis, Portland, Seattle, DC, etc… Their votes should be discarded and they should not be counted for the next 4 years for national elections. If they don’t clean up their act, the ban of their votes will be extended at the end of 4 years. If the NCAA can ban college teams from competing in bowl games for x years, then the Supreme Court can impose the voting penalty on corrupt localities.
