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Trump campaign takes fight over Penn. election, ballot laws to Supreme Court

Trump campaign takes fight over Penn. election, ballot laws to Supreme Court

by Bradford Betz | Fox News  |  Published on December 21, 2020

President Trump’s campaign team on Sunday filed an appeal to the U.S. Supreme Court asking it to reverse several cases by the Pennsylvania Supreme Court to change the state’s mail ballot law before and after the 2020 presidential election.

The president’s campaign alleged in a statement that the Pennsylvania State Supreme Court’s changing of the law was a violation of Article II of the U.S. Constitution and Bush v. Gore.

The petition cites a “related Pennsylvania case” where Justice Samuel Alito and two other justices observed the constitutionality of the state court’s decision to extend the statutory deadline for receipt of mail ballots from 8 p.m. on Election Day to 5 p.m. three days later.

The campaign team said the constitutionality of the court’s decision had “national importance” and may violate the U.S. Constitution.

The petition marks the latest episode in an ongoing saga of lawsuits brought by the Trump campaign challenging the outcome of the 2020 presidential election. Trump still refuses to concede and continues to promote allegations that there was massive voter fraud.

Electors in all 50 states and the District of Columbia last week cast ballots, formalizing Joe Biden’s victory over Trump. According to the results of the election, Biden topped Trump by an Electoral College count margin of 306-232.

The Trump campaign’s petition to the Supreme Court asks for an expedited review and reply by Thursday, giving it enough time before Congress meets in January to “consider the votes of the Electoral College.”

Should the U.S. Supreme Court take up the Trump campaign’s case against Pennsylvania, it’s not a given that it would fundamentally impact the certification of the Electoral College in Congress.

The new U.S. House of Representatives and Senate will meet Jan. 6 to convene in a Joint Session of Congress to certify the results of the Electoral College. Any challenge to the certification would require a vote by both the House and Senate to toss out a state’s electoral votes.

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