[U: 10.27.2020] Scarnati Case Again: Will Supremes “Step In Front Of” The Penn. Supreme Court, Before It Rules? State Level Mail-In Voting

UPDATED: here is the Secretary of State’s well-argued opposition to the below. And here is the Democratic Party’s response opposing the Republican Party move below. End update.

I’ll simply say this — these Republicans are tireless, in the effort to disenfranchise lawful voters.

It seems clear that the GOP is only now, at this late date, realizing that embracing Trump’s hatred and divisiveness has all but guaranteed that the party will never win another national election (and perhaps not all that many local ones!), unless it is dismantled and reformed — to the core. [I’d note that, on the meager GOP merits, when and if we get there, it is hard to see how counting legitimately cast ballots. . . is in any arguable way a violation of any federal voting rights statute.]

So the now-disgraced party lumbers on — vainly trying to limit the number of valid voters who might cast ballots in each local election (surmising correctly I think that most of the remaining voters, those not yet spoken for, are going to break toward the Democratic approaches to policy). Here is the formal cert. petition, and the motion to once again expedite.

My own view is that this is a matter for the Pennsylvania Supreme Court to decide — a pure creature of state law, only. And the ruling sits squarely on the COVID emergency. It is a one-off.

But we shall see. Just last week, Chief Justice Roberts — a reliable conservative — voted with the liberal wing, that this case should not be expedited. With a four-four tie, the Supremes didn’t accept the case.

Now it is back — and I’d suspect the Chief will vote the same way, again. Even if ACB is sworn in by later this week — I suspect the law will remain, that in the fime of COVID, a mailed ballot, received less than four days after the polls close. . . given DeJoy’s attempts to dismantle reliable prompt mail delivery (for Trump). . . will STILL be counted as a good vote — in the Keystone State.


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