Rifleman
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Pennsylvania Supreme Court dismisses another election case brought by Republicans - CNNPolitics
The Pennsylvania Supreme Court dismissed a lawsuit Saturday night from US Rep. Mike Kelly and other Republicans, after they had tried to invalidate absentee voting and block the certification of votes in recent weeks.
From the decision:
Kelly, Parnell, Frank, Kierzek, Magee, Sauter, Kincaid, Logan vs. Commonwealth of Pennsylvania, Pa General Assembly, Wolf and Boockvar | Election 2020 | Cases of Public Interest | News & Statistics | Unified Judicial System of Pennsylvania
whatever the merits of Petitioners’ claims regarding the constitutionality of Act 77,1 their request for
retrospective relief as to the 2020 General Election is barred by the doctrine of laches.
This was already forecast by @Serene and @RockyTop85.
Also:
Accordingly, to persist in seeking to overturn the result of any election by legislative putsch is a fool’s
errand—and an arguably unconstitutional one at that.
In short, any remedy would need to be in the law books before an affected election. Writing laws in arrears of an election when you don't like the result is not the founders' intent.
And the death blow:
Having delayed this suit until two elections were conducted under Act 77’s new, no-excuse mail-in voting system, Petitioners—several of whom participated in primary elections under this system without complaint—play a dangerous game at the expense of every Pennsylvania voter. Petitioners waived their opportunity to challenge Act 77 before the election, choosing instead to “lay by and gamble upon receiving a favorable decision of the electorate.” Toney v. White, 488 F.2d 310, 314 (5th Cir. 1973) (en banc). Unsatisfied with the results of that wager, they would now flip over the table, scattering to the shadows the votes of millions of Pennsylvanians. It is not our role to lend legitimacy to such transparent and untimely efforts to subvert the will of Pennsylvania voters. Courts should not decide elections when the will of the voters is clear.
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