The Supreme Court has weighed in on what could be the most important election challenge to date and it could be a fat blow for President Donald Trump’s chances of overturning the election via the courts.
The Court, on Tuesday, denied to grant emergency injunctive relief, but the case is still pending and could be heard by the court.
The group challenging at the Court, led by Republican Rep. Mike Kelly, challenged Act 77, which was a change made by the Republican-controlled state legislature that allowed universal mail-in ballots. They argued that the state’s constitution did not allow for this change, The Washington Post reported.
But the Pennsylvania Supreme Court said the challenge was filed too late — only after the votes were cast and the results are known. Democrat Joe Biden won the state by a more than 80,000-vote margin.
The unanimous order blamed petitioners for a “complete failure to act with due diligence in commencing their facial constitutional challenge, which was ascertainable upon Act 77’s enactment.”
It added that some of the petitioners had urged their supporters to cast their ballots using the new mail-in procedure.
Still, the Court’s decision is a tough loss for President Trump, who said on Tuesday that he believed the justices, which includes three of his nominees, could step in and side with him.
“We’re going to have to see who the next administration is. Because we won in those swing states,” he said during a coronavirus summit.
“Hopefully the next administration will be the Trump administration … You can’t steal hundreds of thousands of votes,” he said.
“Let’s see whether or not somebody has the courage, whether it’s legislators or legislatures or a justice of the Supreme Court or a number of justices of the Supreme Court,” the president said. “Let’s see if they have the courage to do what everybody in this country knows is right.”
“Petitioners filed this facial challenge to the mail-in voting statutory provisions, more than one year after the enactment of Act 77. At the time this action was filed on November 21, 2020, millions of Pennsylvania voters had already expressed their will in both the June 2020 Primary Election and the November 2020 General Election and the final ballots in the 2020 General Election were being tallied, with the results becoming seemingly apparent,” the Pennsylvania court said.
“Nevertheless, Petitioners waited to commence this litigation until days before the county boards of election were required to certify the election results to the Secretary of the Commonwealth. Thus, it is beyond cavil that Petitioners failed to act with due diligence in presenting the instant claim. Equally clear is the substantial prejudice arising from Petitioners’ failure to institute promptly a facial challenge to the mail-in voting statutory scheme, as such inaction would result in the disenfranchisement of millions of Pennsylvania voters,” it said.
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