The democrats are busily harvesting ballots and the MSM has awarded Pennsylvania to Biden, but it’s not actually over, ’til it’s over.
Alexander Macris explains that there is a very major problem here: the democrat-controlled Pennsylvania Supreme Court went ahead and blithely violated the US Constitution, and when Donald Trump appeals and that appeal goes to the US Supreme Court, he’s got a winning argument.
In 2019, the PA legislature passed a law called Act 77 that permitted all voters to cast their ballots by mail but (in Justice Alitoâ€™s words) â€œunambiguously required that all mailed ballots be received by 8 p.m. on election day.â€ The exact text is 2019 Pa. Leg. Serv. Act 2019-77, which stated: â€œNo absentee ballot under this subsection shall be counted which is received in the office of the county board of elections later than eight o’clock P.M. on the day of the primary or election.â€ I agree with Justice Alito: That is unambiguous.
Act 77 also provided that if this portion of the law was invalidated, that much of the rest of Act 77, including its liberalization of mail-in voting, would also be void. The exact text is: â€œSections 1, 2, 3, 3.2, 4, 5, 5.1, 6, 7, 8, 9 and 12 of this act are nonseverable. If any provision of this act or its application to any person or circumstance is held invalid, the remaining provisions or applications of this act are void.â€
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.
In the face of this clear text, the Pennsylvania Supreme Court, by a vote of four to three, made the following decrees, summarized here by SCOTUS:
Mailed ballots donâ€™t need to be received by a election day. Instead, ballots can be accepted if they are postmarked on or before election day and are received within three days thereafter. Note that this is directly contravenes the text above.
A mailed ballot with no postmark, or an illegible postmark, must be regarded as timely if it is received by that same date.
In doing so, PAsâ€™ high court expressly acknowledged that â€œthe statutory provision mandating receipt by election day was unambiguousâ€ and conceded the law was â€œconstitutional,â€ but still re-wrote the law because it thought it needed to do so in the face of a â€œnatural disaster.â€ It justified its right to do so under the Free and Equal Elections Cause of the PA State Constitution. …
There is a strong likelihood that the State Supreme Court decision violates the Federal Constitution. Justice Alito writes: â€œThe provisions of the Federal Constitution conferring on state legislatures, not state courts, the authority to make rules governing federal elections would be meaningless if a state court could override the rules adopted by the legislature simply by claiming that a state constitutional provision gave the courts the authority to make whatever rules it thought appropriate for the conduct of a fair election.â€
Justice Alito is referring to the following clauses of the US Constitution:
Art. I, Â§4, cl. 1, which states â€œThe Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof.â€
Art. II, Â§1, cl. 2, which states â€œEach State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.â€
Again, translating this into common English, the US Constitution grants state legislators the exclusive right to prescribe the time, place, and manner of holding elections, and to direct the appointment of the electors.
The Pennsylvania Supreme Court didnâ€™t just say â€œAct 77 is unconstitutional.â€ It re-wrote Act 77 itself, by judicial fiat, creating new rules for time, place, and manner, of holding elections. In doing so, the State Supreme Court violated the US Federal Constitution.
And thatâ€™s the real case here. The US Supreme Court is going to rule that the State Supreme Court violated the US Constitution, the State Supreme Courtâ€™s ruling is going to be overturned, and the votes that arrived after 8 PM on election day will be discarded. On that basis, Trump will win Pennsylvania.