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Justice Samuel Alito has denied the emergency petition filed against Pennsylvania contesting the election results. The Supreme Court will not hear the case.
Here’s the order from the Supreme Court. It’s one sentence and says Alito did refer the issue to the whole court. No *noted* dissents. pic.twitter.com/Rro4ej2b7S
— Liam Martin (@LiamWBZ) December 8, 2020
An emergency petition filed by Congressman Mike Kelly and congressional candidate Sean Parnell gave Trump supporters high hopes. At issue is the state’s move to allow ubiquitous and “no-excuse necessary” absentee voting through Act 77 which, they contend, defies the state constitution. Statutes were not enough. They claim the change needs to be done through state constitutional amendment.
The petition was bolstered by amicus briefs filed by multiple state organizations, including the Lehigh Valley Tea Party. Their statement about the case opened with a very compelling call for consistent justice:
Constitutional promises must be kept; that is the fundamental principle, simply put, before the court in the instant case. Did Pennsylvania keep its promise to its citizens to allow them to directly approve a constitutional amendment expanding absentee voting? No. And far from Pennsylvania’s actions being uncharted territory, the state has a well-memorialized history of attempting to impose on its citizens what they would otherwise not accept if done through the required, lawful process. Neither are these constitutional harms unique to Pennsylvania. Other states in the union have, throughout American history, attempted to shove similar mailvoting systems onto their citizens in violation of their state constitutions. So too have Courts in those states tossed aside such legislation that disregards constitutional law. While federalism generally permits this Court to defer to the state on such matters, it would not be prudent to do so here. Pennsylvania has failed its citizens, and recent history indicates that has abdicated their duty to fairness and justice.
This case would have had implications across the nation that faced similar unconstitutional changes to their laws. COVID-19 was used as an excuse to suspend parts of the U.S. Constitution as well as state constitutions to allow for as much mail-in voting as possible. President Trump has long asserted that universal or unsolicited mail-in voting created an atmosphere through which voter fraud could thrive, and the alleged results of the presidential election appear to support his contention.
Retired Chief Justice of the Alabama Supreme Court Roy Moore also weighed in with an amicus brief.
Dozens of lawsuits are working their way up through the court system. But the Pennsylvania case was seen as a bellwether for the Supreme Court’s appetite to get involved with the contested election results.
Yesterday, Senator Ted Cruz offered to argue the case before the Supreme Court.
Pennsylvania had until this morning at 9am to respond to the petition. In it, they basically argued that the Supreme Court shouldn’t get involved whether laws were broken or not because of the implications of their participation in election results. Was it a veiled threat?
JUST IN – #Pennsylvania has filed its brief (requested by Alito) to the Supreme Court. They basically urge the court not to open pandora's box even if federal laws of the US constitution have been violated. pic.twitter.com/OId7w3GnNH
— Disclose.tv 🚨 (@disclosetv) December 8, 2020
Many will argue this is the nail in the coffin for the Trump campaign, but as we noted yesterday, Pennsylvania was one of many potential dominoes to fall. As always, it remains in God’s hands.
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