In Pennsylvania's case, SCOTUS tied 4-4 so the state Supreme Court ruling stands. That means it's up to their legislature to fight for its own Constitutional powers.
Mark Levin said last night that the legislature of Pennsylvania should immediately pass a resolution declaring the Pennsylvania Supreme Court ruling null and void, citing their Article II power to set election law regarding federal Electors to the Electoral College.Levin said to bypass the governor's signature because the Constitution doesn't say anything about governor or court oversight of the Legislatures' Article II power. He said the legislature should send the resolution to the governor and courts, and to all the counties in the state, as a notice of compliance with the law as passed by the legislature.
Levin said the legislator's need to have a spine and start asserting their powers. He said they don't have to accept the court's power grab, that they have power of their own if only they're willing to use it. He said that we should start fighting back the liberal use of power with exertion of our own powers.
If they would do this, then it would likely go back to the federal Supreme Court after Barrett is confirmed. This time, it won't be a challenge to the lower court ruling, it would be a challenge of their Article II power.
In the case of North Carolina, the legislature should go straight to the federal Supreme Court arguing Article II powers, not the decision of the lower court. We already know how Roberts will rule on the lower court ruling, so he should be faced with the Constitutional separation of powers issue from Article II instead.
-PJ
Good suggestion.
Let’s go NC. Freepers. Get on the the legislatures’ websites and telephones