Democrats are chomping at the bit to crown Joe Biden, also known as Kamala Harris by the time Inauguration Day rolls around, as the 46th president of the United States. The chances of this actually happening, however, will greatly decrease once the Supreme Court issues a ruling in the case of Republican Party of Pennsylvania v. Boockvar.
Though the mainstream media would have us all believe that Biden has already won Pennsylvania now that almost all of the "votes" have been counted, the truth is that the Pennsylvania Supreme Court violated both Pennsylvania state law and the U.S. Constitution by changing the voting rules during the 11th hour to favor Democrats.
The Trump campaign knew this was going to happen, which is why it filed a lawsuit on Oct. 28, just a few days before Election Day, asking the Supreme Court to intervene, and quickly. The highest court denied a motion to expedite the case, however it did not deny the case itself, which is an important distinction.
At issue is the Pennsylvania Supreme Court's illicit decision to allow ballots received after 8pm on Election Day to still be counted, even though Pennsylvania state law clearly prohibits this. And since a lower court refused to address the matter, the Trump campaign escalated it straight to the top.
As to be expected, the left is framing the issue as one of Trump trying to "stop" Pennsylvania from "counting votes." The reality, however, is that no votes received past 8pm on Election Day are legally allowed to be counted, which is what the Democrats are doing.
Just in time for the Wuhan coronavirus (Covid-19) plandemic, the legislature of Pennsylvania wrote into law a special bill known as 2019 Pa. Leg. Serv. Act 2019-77 that creates new rules for mail-in voting. It states unequivocally that:
"No absentee ballot under this subsection shall be counted which is received in the office of the county board of elections later than eight o'clock P.M. on the day of the primary or election."
Biden will not get away with stealing Pennsylvania, anyway
This "unambiguous" language, to quote Supreme Court Justice Samuel Alito, was essentially invalidated by the Pennsylvania Supreme Court, which overstepped its bounds and decided to allow ballots collected days after the election to still be counted, even if they were not properly postmarked or signed.
Not only is this prohibited under Act 77, but the same legislation states that if one part of the law is annulled, then all of it follows suit. In other words, no portion of Act 77 allowing for mail-in ballots is to be considered valid or binding if any part of the legislation is altered or changed.
This is critical because the Pennsylvania Supreme Court basically decided to become the legislative branch for a day by twisting Act 77 to suit the Biden campaign's need for more votes in Pennsylvania. Had the process stopped on election night as it was originally supposed to, Trump would still be roughly 750,000 votes ahead of Biden in Pennsylvania.
In a nutshell, the judicial branch in Pennsylvania overstepped its bounds by taking on the role of the legislative branch and rewriting state law. This is not acceptable as it violates both state and federal law.
"... the U.S. Constitution grants state legislators the exclusive right to prescribe the time, place, and manner of holding elections, and to direct the appointment of the electors," writes Alexander Macris from the Contemplations On The Tree Of Woe blog.
"The Pennsylvania Supreme Court didn't just say 'Act 77 is unconstitutional.' It re-wrote Act 77 itself, by judicial fiat, creating new rules for time, place, and manner of holding elections. In doing so, the State Supreme Court violated the U.S. Federal Constitution."
The good news is that once the case is finally heard by the Supreme Court of our nation, all ballots received after 8pm in Pennsylvania on election night will be tossed, delivering a victory to Trump.
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