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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