“To again put this into common English, the Pennsylvania legislature passed a law that said mail-in ballots had to arrive by 8PM on election day to be counted, and then said that if the Court over-ruled that law, the entire law that permitted mail-in ballots was invalid.”
And what about the mail-in ballots that arrived —before— 8pm?
If PA didn’t segregate them, the easiest and obvious remedy — and one which guarantees that the letter of the law is fulfilled — is for the Supreme Court to ORDER that the count as of 8PM election night, is the final count.
That would be left to the result of the court battle.
Unfortunately, it is the legislature that must bring action against the Election Administration team in State court.
1) The legislatures don’t have the spine for that.
2) The courts (SCOPenn) has already ruled that the extension was okeydokey.