By Duncan Smith
In the weeks before the Nov. 3 Election Day, Democrats in key battleground states moved to change mail-in voting rules and laws so they could advantage themselves.
One of those changes took place in the key Keystone State — Pennsylvania.
There, state Democrats completely ignored current election law and implemented a new rule allowing mail-in ballots to be accepted up to three days after the election.
Again, that is in violation of current election law in the state.
For reasons known only to him, however, Chief Justice John Roberts, who was nominated by President George W. Bush because he was supposedly a constitutionalist, sided with the court’s three remaining liberals and refused to overturn the new rule.
It was a 4-4 tie because the late Justice Ruth Bader Ginsburg’s seat remains unfilled.
Well, Judge Amy Coney Barrett is likely to be confirmed by the GOP Senate in just a few hours; she will then be sworn in either this evening or tomorrow morning.
As such, Republicans in Pennsylvania now want a full Supreme Court to reconsider the case, as The Epoch Times reports:
Pennsylvania Republicans have filed a second emergency request with the U.S. Supreme Court in the hope of undoing a state Supreme Court ruling that forces Pennsylvania election officials to accept mail-in ballots received up to three days after Election Day.
Pennsylvania is among the most hotly contested states for the Nov. 3 presidential election. President Donald Trump won the state in 2016 by 44,292 votes out of more than 6 million cast. He secured 48.2 percent of the popular vote in the state, beating Democrat Hillary Clinton, who won 47.5 percent, according to Ballotpedia.
Pennsylvania has 20 electoral votes out of the 270 needed to win the presidency. …
On Oct. 19, the nation's highest court denied on a 4–4 vote a Republican request to stay the Pennsylvania Supreme Court's ruling requiring state election officials to count mail-in ballots received up to three days after Nov. 3. Justices Clarence Thomas, Samuel Alito, Neil Gorsuch, and Brett Kavanaugh indicated they would have approved the emergency application. Chief John Roberts voted with the three liberal justices—Stephen Breyer, Elena Kagan, and Sonia Sotomayor—to refuse the stay.
If Barrett joins the Supreme Court in time to consider the new case, Pennsylvania Republicans hope she would vote to block the state Supreme Court ruling, which they say is legally incorrect.
Naturally, Democrats don’t want the case re-heard (because they fear that Barrett will side with Pennsylvania law).
But the reason why is laughable.
The Epoch Times:
Pennsylvania Attorney General Josh Shapiro, a Democrat, suggested that undoing the state Supreme Court's ruling would run afoul of the 'Purcell principle,' which holds that courts should avoid modifying election rules close to an election to avoid confusing voters and creating headaches for election officials.
'Changing the rules late in the fourth quarter causes confusion and disenfranchises voters,' Shapiro said in a statement. 'That's what the Purcell Principle is designed to guard against. The Pennsylvania Supreme Court was within their bounds to allow the three-day extension and it should stay intact.'
Republicans disagree, and they should; that excuse is ridiculous, considering Democrats changed election rules just weeks out from Election Day.
'A Pennsylvania statute unambiguously provides that absentee and mail-in ballots must be received by Election Day,' the party's new petition to the Supreme Court states.
'Brushing that requirement aside, a 4–3 majority of the Pennsylvania Supreme Court extended the deadline by three days. The majority also required election officials to presume that any ballot received by its judicially-created deadline that lacks an intelligible postmark was mailed by Election Day, unless a preponderance of the evidence demonstrates otherwise,” it adds.
This case needs to be heard again. The fact that state Democrats ignored Pennsylvania law to make this change in the first place was outrageous.
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