The U.S. Supreme Court rejected a request by Republican allies of President Donald Trump to nullify President-elect Joe Biden’s election victory in Pennsylvania.
The rebuff came without explanation and with no noted dissents. It marks the first time the full high court has weighed in on efforts by Trump and his supporters to overturn Biden’s victory.
Lawmakers led by U.S. Representative Mike Kelly contended that the Pennsylvania General Assembly exceeded its power by allowing universal mail-in voting for the 2020 election.
In rejecting the suit, the Pennsylvania Supreme Court said Republicans waited too long to sue and were advocating the “extraordinary proposition that the court disenfranchise all 6.9 million Pennsylvanians who voted in the general election” and throw the decision to the state legislature.
Biden would win the presidency even if Republicans had somehow nullified his Pennsylvania victory. Trump still would be at least two states short of securing a majority in the Electoral College, which will formally select the next president on Dec. 14.
The high court order came on the day of an important election milestone for Biden, the so-called safe-harbor deadline. Under federal law, if by Tuesday a state appoints its electors and the loser has had a chance to challenge the results, Congress must consider the electors “conclusive” when it meets in a joint session on Jan. 6 to tally the votes.
The case is Kelly v. Pennsylvania, 20A98.
The U.S. Supreme Court’s rejection of the Pennsylvania election case brought by Rep. Mike Kelly, R-Pa., is not surprising as much as disappointing, according to Rep. Andy Biggs, R-Ariz.
“I am not sure I am overly surprised, but I continue to be amazed and disappointed,” Biggs, chairman of the conservative House Freedom Caucus, told Tuesday’s “The Chris Salcedo Show.” “There are other things pending in Pennsylvania that has to be resolved.
“The legislature has got to work a fix on it. It reality, I don’t think this is overly surprising to anybody. It shouldn’t be anyway.”
Pennsylvania courts and Democrat leaders like Democrat Gov. Tom Wolf overruled the will of the state legislature on universal mail-in balloting and a ballot extension beyond Election Day, and that should be considered unconstitutional, Bigg told host Chris Salcedo.
“That’s the real problem in Pennsylvania; they disregarded the Constitution,” Biggs said. “They decided they wanted to change the law, so instead of going through the process of amending the Constitution they just – as you said, ‘willy nilly’ – established the law.
“Dubiously, they established the law. The courts are not going under the auspices of the Constitution. So it’s a real huge problem, not only in Pennsylvania but around the country.”
Biggs added “don’t be surprised if you see a continuation of litigation out of Pennsylvania.”
“There’s so much that went wrong there, and quite frankly, it’s disenfranchised voters around the country, because if you can change the law to impact one state you dilute the votes of everybody else,” he concluded.