Richard Hoeg (and Hoeg Law) dissected “The Pennsylvania Problem” on Oct. 29. Apparently the Pennsylvania legislature had specified that all mail-in ballots have to arrive by 8 PM election day, regardless of postmark.
The state court took it upon itself to relax the arrival requirement “because of a natural disaster” (the pandemic).
Republicans sued on the groups that Article 2 of the Constitution allows only state legislatures, not state courts, to make the rules.
The Supreme Court had denied cert on a motion in late October. But it left open the idea that it would hear the case during the counting.
There was a similar issue in North Carolina.
Since courts interpret the law, a good question is whether natural disasters give them prerogative. Originalists “just say no”.
Again, on calling Pennsylvania and the entire election for Biden, I can ask what the dentist asked Marathon Man, “Is It Safe?”