[U X2] Sec. of State Of Penn. Opposes Trump Entering The Supremes’ Case — On Mail Voting In The Quaker State

Updated @ 6 AM EST Friday: Mr. Biden is now about 900 votes ahead, in Georgia, and is steadily pulling away with about 30,000 votes left to count — and to be fair, counting the over 6 million votes there is still continuing. A literally razor thin lead (and at the moment it is within the margin that Trump may get a recount of right in Georgia), but it may well turn out that he doesn’t even need to win Pennsylvania now (Biden’s leading still in Nevada, and Arizona — with Georgia it would be game over). Thus the Democratic Party is rightly telling the Supremes that they shouldn’t weigh in, unless the later arriving ballots are of a size that they could swing the outcome, after all the undisputed ballots are counted. And, Mr. Biden continues to drive Trump’s lead in PA ever closer to. . . extinction. I am frankly. . . bouyant. End update.

Here is that full filing. But let us keep firmly in mind that the whole reason Pennsylvania is allowing ballots with up to three days subsequent postmark dates. . . is because US Postmaster General Louis DeJoy (a Trumpian) intentionally scrambled the regular mail delivery. That, and people face pandemic challenges, in the middle of a spike (approaching 240,000 deaths; and 100,000 new cases per day — PER DAY!). . . in trying to get their ballots filled out and mailed in a safe manner. [Prior versions of pleadings in this actual underlying dispute are collected under that link.]

The wider-scope bottom line, then is that the Supremes (since no one alleges state actors are preventing votes; rather they are simply trying to count all valid, lawful ballots — mail or otherwise) should rule this is a creature of state law — already resolved there. Principles of federalism and comity dictate that the Supremes should decline to hear any more of this meritless Trumpian thrashing. Here’s the bit, from the capably argued filing:

. . .In addition to the [lack of] timeliness and prejudicial nature of the Trump Campaign’s motion for intervention, the motion also improperly seeks to cure a jurisdictional defect. The Trump Campaign’s motion to intervene is, as even it acknowledges, designed “to avert a possible standing defect” that arises from the Republican Party of Pennsylvania and the Individual Legislators (collectively Petitioners) petitioning for relief. Motion at 8. Without accepting the Trump Campaign’s premise that it has standing, as we previously pointed out in our opposition to the motion to stay, Petitioners lack the standing necessary to give the Trump Campaign a proper case in which to intervene. . . .

Here, the Trump Campaign does not seek joinder under Rule 21 and the Republican Party of Pennsylvania is not merely an agent of a single candidate’s campaign. The instant Rule 24 motion is an attempt to improperly circumvent the Pennsylvania Supreme Court’s interpretation of state law standing using the federal standards. Upon being denied intervention below, the Trump Campaign should have initiated its own action. Its failure to do so is fatal to its attempt to intervene now. Accord. Janus v. Am. Fed’n of State, Cty., & Mun. Employees, Council 31, __ U.S.__, 138 S.Ct. 2448, 2462–63 (2018) (intervenor must meet the requirements that a plaintiff must satisfy — e.g., filing a separate complaint and properly serving the defendants). . . .

Onward — to a new, but well-seasoned 46th President of the United States, soon. . . for its part, the Democratic Party of PA offers this just now, in its filing: “Should the [Supremes] nonetheless wish to rule on the motion to intervene now — despite the absence of any reason to think that deciding these cases will be necessary — the Pennsylvania Democratic Party Respondents do not oppose this Court’s granting movant leave to intervene. . . .

Updated, Sunday morning — 11.08.2020: This (the last remaining GOP contention before the Supremes, in truth) was the answer, in PA — stating that all counties have segregated all the would-be disputed after mailed ballots, and not added them to the count. Trump’s still tens of thousands of votes short there. “. . .At the time Secretary of the Commonwealth Kathy Boockvar filed her Response in Application to the Republican Party of Pennsylvania’s Emergency Application for Injunction earlier yesterday, 63 of Pennsylvania’s counties had affirmatively confirmed their understanding and intention to follow the Secretary’s October 28, 2020 and November 1, 2020 guidance, as noted in the Response. Resp. at 1, 5. Since the filing, the Office of the Secretary of the Commonwealth has confirmed that the remaining four Pennsylvania counties have similarly confirmed their understanding and intention to follow that guidance. We would appreciate if you would circulate copies of this letter and attachment to the Justices of the Court. . . .” End update.

It is all a huge grin, as we watch Trump agonize in slow motion, getting his tweets blocked and labeled — in sum, over the lingering death of the guy’s social media presence — by a hundreds of thousands of. . . paper cuts. Karma, she rhymes, baby. . . .


One Response

  1. […] will link to the other property that’s been keeping me from getting back here, if anyone has any interest in how Mr. Biden […]

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