A massive legal battle is on the horizon in Pennsylvania.
Breitbart reports that lawyers for President Donald Trump’s 2016 campaign are asking the U.S. Supreme Court “to grant the president the ability to join” a “pending lawsuit” from the Pennsylvania GOP challenging a recent extension of the Keystone State’s deadline to receive mail-in votes.
Taking it to the courts
According to an ABC News report cited by Breitbart, Pennsylvania moved prior to the presidential election to extend a deadline for counting votes in the state.
The measure allows officials to count mail-in ballots up until Nov. 6, so long as no proof exists that the ballots were mailed after the closing of the polls on Nov. 3.
According to ABC, the rule was allowed to stand last month by the Pennsylvania Supreme Court despite the objections of the state’s Republican Party. The GOP had argued that the matter should be left up to the legislature, not the courts.
After losing at the state level, Pennsylvania Republicans asked the U.S. Supreme Court to block the extension. At the time, the high court — which then did not include Justice Amy Coney Barrett — rejected the GOP request’s to hear the case. But according to ABC, “four justices last month did signal openness to potentially take up the case on the merits after Election Day.”
Now, ABC reports, “[i]t remains unclear if the U.S. Supreme Court will take up the matter. It’s also unclear whether the justices’ involvement would have any impact on the outcome in Pennsylvania.”
But that hasn’t stopped Team Trump from trying. According to Breitbart, the president’s lawyers argued in their suit, filed Wednesday, that this is a matter for the nation’s highest court — not a state Supreme Court.
“Given last night’s results, the vote in Pennsylvania may well determine the next President of the United States,” Trump’s attorneys argued. “And this Court, not the Pennsylvania Supreme Court, should have the final say on the relevant and dispositive legal questions.”
As of Thursday morning, Pennsylvania has still not been called for Trump or Democrat challenger Joe Biden, and the state’s governor claims there are still “millions” of mail-in ballots to be counted, as Breitbart reported separately.
As early as Wednesday, however, Trump declared that he expected to see a victory in Pennsylvania. The president needs to win the state to clinch a victory in the Electoral College.
…..there was a large number of secretly dumped ballots as has been widely reported!
— Donald J. Trump (@realDonaldTrump) November 4, 2020