Pennsylvania’s highest court annulled an order issued by a lower court that was preventing the state from ratifying scores of contests from the November 3 election.
In the most recent Republican lawsuit trying to thwart President-elect Joe Biden’s battlefield victory, the state’s Supreme Court unanimously overturned the three-day-old order, saying the main lawsuit was filed months after the law allowed the appeal in the year of Pennsylvania – the Old Mail Vote Act.
The justices also cited the lawsuit’s startling demand that full elections be canceled retroactively. Judge David Fisht wrote in an agreed opinion: “They have failed to claim that even one mail ballot was cast or counted fraudulently.”
State attorney general, Democrat Josh Shapiro, described the court’s decision as “yet another victory for democracy.”
The week-long lawsuit, led by Pennsylvania Republican Congressman Mike Kelly, challenged the state’s mail-order voting law as unconstitutional.
As a remedy, Kelly and other Republican prosecutors sought either to get rid of the 2.5 million mailed ballot papers filed under the law – most of them by Democrats – or to erase election results and direct the Republican-controlled state legislature to select Pennsylvania’s presidential electors.
Weicht writes that the state lawmakers’ request to select Pennsylvania presidential electors also conflicts with the century-old state law, which grants elector selection power for the state’s popular vote.
While the Republicans on the Supreme Court joined the Five Democrats in opposing those solutions, they split from the Democrats in proposing that the lawsuit’s core allegations – that the state’s mail-vote law might violate the constitution – deserve consideration.
On Wednesday, Commonwealth Court Judge Patricia McCullough, elected to the Republic in 2009, issued an order suspending certification of any remaining competitions, including apparently those for Congress.
The day before, Democratic Governor Tom Wolf said he endorsed Joe Biden’s victory in the Pennsylvania presidential election. Biden beat the president Donald Trump With more than 80,000 votes in Pennsylvania, the state that Trump won in 2016.
Wolf appealed McCullough’s decision to the state Supreme Court, saying there was no “reasonable justification” for it.
Defeat followed Friday’s decision by a federal appeals court To dismiss a separate challenge to the Pennsylvania finding and support a county judge who likened the president’s flawless and evidence-free case to a “Frankenstein’s monster.”
The three-member federal committee unanimously affirmed the lower court’s decision last week to dismiss the arguments put forward by Trump’s legal team, led by the former New York mayor. Rudy Giuliani, That the vote in Pennsylvania was marred by widespread fraud.
Free and fair elections are the lifeblood of our democracy. The charges of wrongdoing are serious. But describing the election as unfair does not make it so. The fee requires specific claims and then proof. Judge Stefanos Pepas wrote for the 3rd United States Court of Appeals.
The judge denounced a Republican request to reverse the vote’s approval, describing it as “amazing,” adding: “The voters, not the lawyers, are the ones who choose the president. The ballot papers, not the notes, decide the elections. [The] Campaign claims have no merit. “
The ruling, which was the defeat of Trump’s No. 38 team in court in nationwide electoral lawsuits, reconfirmed US District Judge Matthew Bran’s view of Giuliani’s complaint, which was issued after he heard the oral arguments for five hours last week. Bran said the lawsuit was: “Like a Frankenstein monster … it was grouped together at random.”
With The Associated Press