Sunday, December 06, 2020

Alito (SCOTUS) seems to keep Pennsylvania in play for Trump


Happy Valley, Penn State, 2010

Justice Alito has forwarded a date for a challenge to Pennsylvania’s mail-in law to early Dec. 8, now on the same day as the safe harbor for states to certify their electors.

Previous analysis indicated that a date of Dec 9 was too late, but that Alito might be interested in the constitutionality of Pennsylvania’s Act 77.

There have been questions raised earlier. In some states, administrators have allowed more mail-in ballots than state laws explicitly specify (because of pandemic)m which might invite an Article 2 challenge. But here the issue might be that the Pennsylvania constitution needs amendment to change the mail-in.

The Washington Examiner (Anthony Leonardi) now reports  that the challenge must be filed Dec 8, in time for safe harbor and a quick ruling.

Were Pennsylvania’s 20 electoral votes to be lost to Trump, and Georgia’s 16 (through a however improbable attempt to throw it to the legislature), Biden would still have 270 electoral votes.

Update: Dec 8

SCOTUS rebuffed Trump's Pennsylvania gambit today, Yahoo! account. Rick Hasen poohs the litigation in his election log blog

But the Texas attorney general Ken Paxton sued four states (WI, GA, PA, MI) at SCOTUS to have the electoral votes for those states thrown out (or moved to House of Representatives), Texas Tribune reports

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