Trump campaign goes to Supreme Court over Pennsylvania election laws. How this is different.

President Trump’s election campaign has filed a petition with the U.S. Supreme Court to review several lower court decisions in Pennsylvania.

A writ of certiorari was filed by the campaign on Sunday seeking to reverse a trio of Pennsylvania Supreme Court rulings on voting by-mail laws and ballot counting during last month’s election. The petition requested a review and reply by Thursday, hoping to have enough time before Congress returns from the holiday break in January to “consider the votes of the Electoral College.”

The high court is being asked to review the decision in the Donald J. Trump for President v. Kathy Boockvar, Secretary of the Commonwealth of Pennsylvania case, contending that the Pennsylvania Supreme Court illegally changed the state’s mail-in vote law, allowing a deadline change.

“Donald J. Trump for President, Inc., President Trump’s campaign committee, today filed a petition for writ of certiorari to the US. Supreme Court to reverse a trio of Pennsylvania Supreme Court cases which illegally changed Pennsylvania’s mail balloting law immediately before and after the 2020 presidential election in violation of Article II of the United States Constitution and Bush v. Gore,” Trump’s campaign said in a statement from the president’s attorney, Rudy Giuliani.

“This represents the Campaign’s first independent U.S. Supreme Court filing and seeks relief based on the same Constitutional arguments successfully raised in Bush v. Gore,” Giuliani added.

The statement explained the challenge to the ruling in a related case over the extension of the state’s deadline for receiving mail ballots by Secretary of State Kathy Boockvar, even though only the Pennsylvania legislature is allowed to make the change.

“This petition follows a related Pennsylvania case where Justice Alito and two other justices observed ‘the constitutionality of the [Pennsylvania] Supreme Court’s decision [extending the statutory deadline for receipt of mail ballots from 8 pm on election day to 5 pm three days later] … has national importance, and there is a strong likelihood that the State Supreme Court decision violates the Federal Constitution,’” the statement from Giuliani continued.

According to the president’s attorney:

“The Campaign’s petition seeks to reverse three decisions which eviscerated the Pennsylvania Legislature’s protections against mail ballot fraud, including (a) prohibiting election officials checking whether signatures on mail ballots are genuine during canvassing on Election Day, (b) eliminating the right of campaigns to challenge mail ballots during canvassing for forged signatures and other irregularities, (c) holding that the rights of campaigns to observe the canvassing of mail ballots only meant that they only were allowed to be ‘in the room’ – in this case, the Philadelphia Convention Center – the size of several football fields, and (d) eliminating the statutory requirements that voters properly sign, address, and date mail ballots.

 

Trump’s campaign is seeking to have the Pennsylvania General Assembly select replacements for the 20 Pennsylvania electors who were committed to former Vice President Joe Biden.

“The petition seeks all appropriate remedies, including vacating the appointment of electors committed to Joseph Biden and allowing the Pennsylvania General Assembly to select their replacements,” Giuliani said.

The petition filed Sunday came after the Electoral College officially voted for Biden as the president-elect and ahead of the January 6 date when Congress is expected to certify the Democrat as the next president.

The Trump campaign requested the U.S. Supreme Court deliver an “expedited consideration,” asking “to order responses by December 23 and a reply by December 24 to allow the U.S. Supreme Court to rule before Congress meets on January 6 to consider the votes of the electoral college.”

Frieda Powers

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