Will SCOTUS overrule the Pennsylvania Supreme Court?

It’s likely that the Supreme Court will overturn a critical Pennsylvania State Supreme Court ruling on account of the state court’s incorrect use of the legal doctrine of laches (pronounced like latchkeys but without the “k”). This could return the electoral votes of Pennsylvania back to President Trump.

The reasons why we may consider this outcome as possible, and even likely, can be summarized as follows:

The 2019 Pennsylvania vote-by-mail law clearly violates Article VII, sec. 14 of the Pennsylvania Constitution, which lists only four classes of voters entitled to vote absentee: those who cannot vote in person because of work, physical incapacity, religious obligation, or (in the case of county employees) election-related duties. In violation of this constitutional provision, the Pennsylvania vote-by-mail law (Act 77), as described by a 2019 press release from the Pennsylvania governor’s office, “creates a new option to vote by mail without providing an excuse.” Whatever the benefits of such a change in voting law, it could not be legally accomplished without an amendment to the Pennsylvania  Constitution.

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