BREAKING UPDATE: Trump campaign aims at Pennsylvania SCOTUS
by Jon Fleetwood | December 20, 2020
BREAKING UPDATE: (Dec. 24)
The suit alleges the Pennsylvania court "illegally changed" the mail-in voting laws "immediately before and after the 2020 presidential election," according to the President's legal team.
The team says this violates Article II of the US Constitution as well as the Supreme Court ruling over Bush v. Gore.
The President's campaign asked SCOTUS to act immediately on the appeal, filing a Motion for Expedited Consideration.
"If this matter is not timely resolved, not only Petitioner, but the Nation as a whole may suffer injury from the resulting confusion," the campaign wrote.
"Indeed, the intense national and worldwide attention on the 2020 Presidential election only foreshadows the disruption that may well follow if the uncertainty and unfairness shrouding this election are allowed to persist. The importance of a prompt resolution of the federal constitutional questions presented by this case cannot be overstated," they continued.
SCOTUS denied the Trump campaign's request to expedite the appeal.
This lawsuit is the campaign's first independent SCOTUS filing challenging the 2020 presidential election, according to Trump's attorney Rudy Giuliani.
The Pennsylvania court must respond by Jan. 22, the date automatically assigned by the clerk’s office, as every petition for certiorari is given a 30-day response deadline after the request is docketed.
The lawsuit seeks to overturn Pennsylvania's 2020 presidential election results.
The Trump campaign filed a petition for a writ of certiorari today with the United States Supreme Court in order to overturn Pennsylvania’s 20 Electoral College votes being given to Joe Biden.
The petition claims the Pennsylvania Supreme Court illegally changed Pennsylvania’s voting laws by extending the deadline by which mail-in ballots could be received and counted.
“[N]on-legislative officials, oftentimes at the instigation of partisan third parties, ignored or significantly altered and thereby violated state election law, including, most troublingly, laws enacted to minimize the risk of fraud in mail voting and thereby protect the integrity of the election process,” reads the petition.
The petition also takes issue with the state’s choosing of electors. The petition asserts that “Pennsylvania is apparently of the view that the manner for choosing electors established by the state legislature is conditional, subject to alteration by ‘interpretation’ by election officials in the executive branch or by the judiciary.”
This means that Pennsylvania relied on “erroneous interpretations of state law” by allowing non-legislative officials to alter election law.
Pennsylvania’s court violated “due process” because of “[t]he absence of meaningful safeguards.” And that it violated “equal protection laws” because “different voting standards [were] used in different counties.”
Moreover, the case points out that 100,000 mail-in ballots were counted illegally, “more than enough to have affected the outcome of the election, where the margin between the two principal candidates for President currently stands at 80,558.”
“The effect of these illegal and unconstitutional changes to state election law affected enough ballots to alter the results of the election,” concludes the petition.
President Donald Trump’s campaign claims that these issues represent a “violation of Article II of the United States Constitution and Bush v. Gore.”
This is the Trump campaign’s first independent SCOTUS filing and “and seeks relief based on the same Constitutional arguments successfully raised in Bush v. Gore.”
Rudy Giuliani, President Trump’s lawyer, says that the goal of the lawsuit is to vacate the appointment of Joe Biden’s electors in the state, thus “allowing the Pennsylvania General Assembly to select their replacements.”
Giuliani also says the case is also seeking “expedited consideration, asking the Supreme Court 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.”
“The outcome of the election for the Presidency of the United States hangs in the balance because the selection of presidential electors is governed by the Constitution and congressional enactment, in addition to state law enacted by the Legislature.”
The Electoral College certified Biden as the winner of the election on Dec. 14. However, Trump still has multiple paths to reelection.
The Associated Press reports that “roughly 50 lawsuits alleging widespread voting fraud” have been filed by the Trump campaign or his allies.
Sidney Powell’s Michigan and Pennsylvania lawsuits made it onto the SCOUTS docket this past week.
If Trump can overturn the election outcomes in these battleground states, he stands to win another presidential victory.