facebook linkedin twitter

Trump Allies File Emergency Petition at Supreme Court Over 2020 Election

December 4, 2020by Todd Ruger, CQ-Roll Call (TNS)
Trump Allies File Emergency Petition at Supreme Court Over 2020 Election

WASHINGTON — Weeks after President Donald Trump said the Supreme Court should decide whether to throw out millions of ballots in what he dubbed a fraudulent election, and with state and federal courts rejecting nearly all his legal team’s lawsuits in multiple states, a case from Pennsylvania has limped meekly to the nation’s highest court.

The emergency petition filed Thursday is no Bush v. Gore, the 2000 case about the disputed Florida recount that determined who won the state’s electoral votes and therefore the White House. The dispute about Pennsylvania’s election results could not by itself change the outcome of the presidential race.

Instead, the appeal comes from Pennsylvania Republican Rep. Mike Kelly and other Trump allies, in a lawsuit they filed after the election to challenge a 2019 state law that allowed voters to cast mail-in ballots for any reason.

Election experts have called the lawsuit, which seeks to throw out all mail-in ballots in the state in the 2020 election, ridiculous. They panned the chances that the Supreme Court would agree to hear it.

Election law expert Rick Hasen, a professor at the University of California, Irvine School of Law, wrote about it with this title: “Perhaps the Dumbest Argument Ever Made in Emergency Petition to the Supreme Court Appears in Pennsylvania Election Case.”

On Saturday, the Pennsylvania Supreme Court threw out the lawsuit in a three-page ruling, essentially because it was filed too late. The state’s mail-in voting law had been in place for more than a year at that point, and had already been used in the June primary elections and November general elections.

The court pointed out that the Republicans also sought an outcome — invalidating all mail-in ballots from the 2020 election or directing the state legislature to appoint its own slate of presidential electors — that would “result in the disenfranchisement of millions of Pennsylvania voters.”

Hasen wrote that the emergency petition to the Supreme Court now argues that the state legislature failed to follow the state constitution when it created the mail-in ballot law, and that somehow violates the U.S. Constitution. The petition then points to part of the U.S. Constitution that gives state legislatures the power to set election rules.

“So how could that possibly be violated by a state legislature setting election rules?” Hasen wrote on his blog. “Even worse, the state supreme court is the ultimate arbiter of the meaning of the state constitution, not the U.S. Supreme Court, and so it is not for the U.S. Supreme Court to say if the PA legislature violated the PA constitution.”

The Supreme Court still has not acted on an appeal from Pennsylvania lawmakers in a separate case. They have asked the justices to decide whether the state can tally mail-in ballots that arrive up to three days after Election Day amid concerns that mail delivery has slowed.

State Democrats, in a filing Tuesday at the Supreme Court, said there weren’t ballots that arrived in that three-day period to make a difference in the outcome of the election.

___

(c)2020 CQ-Roll Call, Inc., All Rights Reserved

Distributed by Tribune Content Agency, LLC

A+
a-

In The News

Health

Voting

Political News

January 27, 2022
by Dan McCue
South Carolina Urges 4th Circuit to Lift Injunction on 'Fetal Heartbeat' Abortion Law

WASHINGTON — A federal appeals court in Richmond, Virginia, on Thursday heard the first day of oral arguments in a... Read More

WASHINGTON — A federal appeals court in Richmond, Virginia, on Thursday heard the first day of oral arguments in a lawsuit challenging South Carolina’s “fetal heartbeat” abortion law. The proceedings came as the nation awaits a ruling from the U.S. Supreme Court on a case out... Read More

January 27, 2022
by Tom Ramstack
Breyer’s Supreme Court Departure Gets Mixed Reaction on Capitol Hill

WASHINGTON — Associate Justice of the Supreme Court Stephen G. Breyer officially announced his retirement from the court Thursday. After... Read More

WASHINGTON — Associate Justice of the Supreme Court Stephen G. Breyer officially announced his retirement from the court Thursday. After his colleagues told media outlets on Wednesday the announcement was coming, Democrats generally praised Breyer for his liberal stances protecting abortion, voting rights, the Affordable Care... Read More

January 27, 2022
by Reece Nations
Texas Gov. Abbott Aims to Create Parental Bill of Rights 

LEWISVILLE, Texas — Texas Gov. Greg Abbott recently revealed a proposal to amend the state constitution to grant parents greater... Read More

LEWISVILLE, Texas — Texas Gov. Greg Abbott recently revealed a proposal to amend the state constitution to grant parents greater control over their children's education and censure public educators for teaching material considered offensive. During a campaign event last week at a charter school in Lewisville,... Read More

January 27, 2022
by Dan McCue
Biden Celebrates Breyer, Affirms Vow to Name Black Woman to Supreme Court

WASHINGTON — President Joe Biden on Thursday affirmed his campaign pledge to nominate the first Black woman to the U.S.... Read More

WASHINGTON — President Joe Biden on Thursday affirmed his campaign pledge to nominate the first Black woman to the U.S. Supreme Court, saying that while he does not yet know who his eventual nominee will be, such a choice was “long overdue." He also took time... Read More

January 27, 2022
by Dan McCue
House Chiefs of Staff Association Elects New Leadership

WASHINGTON – The bipartisan association that represents chiefs of staff and staff directors to members of the U.S. House of... Read More

WASHINGTON – The bipartisan association that represents chiefs of staff and staff directors to members of the U.S. House of Representatives has elected a new leadership team for the 117th Congress. For the first time, a pair of bipartisan co-chairs will lead the association, replacing an... Read More

January 27, 2022
by Tom Ramstack
Two Top Candidates for Supreme Court Emerge

WASHINGTON – Justice Stephen Breyer’s announcement Wednesday that he plans to retire this year puts two female judges on the... Read More

WASHINGTON – Justice Stephen Breyer’s announcement Wednesday that he plans to retire this year puts two female judges on the short list to replace him at the Supreme Court. One of them is Ketanji Brown Jackson of the U.S. Circuit Court of Appeals for the District... Read More

News From The Well
scroll top