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To: PIF; lightman

We do have four Justices of the US Supreme Court who have already expressed concern with the Pennsylvania Supreme Court’s election law jurisprudence — specifically with regard to its decision changing the plain text of an election law statute after the General Assembly had refused to pass an amendment with the changes. Court precedent is solid in that under the Electors and Elections Clause only the state legislature (not executive officials) may determine the manner of Presidential electors.
https://www.supremecourt.gov/opinions/20pdf/20-542_i3dj.pdf

By the same logic, the legislature may exercise this responsibility only lawfully in accordance with the PA state constitution. The lower court found PA’s Act 77 that allowed for no excuse mail-in ballots a “plain” violation of the state constitution. On Nov. 27, PA SC overruled this decision on grounds of laches- i.e. Plaintiffs had waited well over a year to challenge this statute.

However, by the logic of Justice Alito and three other Justices, (the Court then was divided 4-4) mail-in ballots in violation of state Elections Code would be declared unconstitutional under the Electors Clause. This would almost certainly change the ballot counts in PA and MI.


10 posted on 11/29/2020 12:56:26 PM PST by Steelfish
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To: Steelfish
said, "Plaintiffs had waited well over a year to challenge this statute"

no she didn't.
Kathy Boockvar first filed this July 13 2020. it was the Supreme Court of Pennsylvania and Gov. Tom Wolf that held it up until October

August 17, 2020 Gov. Tom Wolf seems to have delayed the case https://apnews.com/article/election-2020-pennsylvania-lawsuits-pittsburgh-elections-b9fde1310fd296c69c5636baf4201f4a

Events that give a time line of this case
https://www.scotusblog.com/election-litigation/pennsylvania-democratic-party-v-boockvar/

20 posted on 11/29/2020 1:16:05 PM PST by Steve Van Doorn (*in my best Eric Cartman voice* 'I love you, guys')
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