PENNSYLVANIA — Republicans in Pennsylvania have asked the U.S. Supreme Court to hold a hearing on Act 77, the 2019 law which allows residents to vote by mail without providing a reason. The case, which marks the latest attempt to call into question the results of the 2020 election in the courts, was dismissed by the Pennsylvania Supreme Court over the weekend.
The court ruled unanimously that the GOP had waited too long to file suit, as Act 77 was passed in October 2019.
This plea for an injunction on that ruling was addressed specifically to conservative Justice Samuel Alito. It was filed by U.S. Rep. Mike Kelly and 17th Congressional District candidate Sean Parnell.
"It's not over," Parnell, who lost his election in November, said on Twitter shortly after the Pennsylvania Supreme Court decision Saturday. "This was not unexpected. Stay tuned."
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Parnell also noted that the dismissal was on "procedural" grounds and did not address the specific complaint that Act 77 violated Pennsylvania's Election Code.
It's not known when the U.S. Supreme Court will decide whether to hear the case. Four justices must agree it is worthy of a hearing in order for it to proceed.
Parnell and Kelly's filing argues that the case has merit in federal court because, they allege, it also violates the U.S. Constitution.
In striking down the suit over the weekend, the Pennsylvania Supreme Court added that "petitioners advocated the extraordinary position that the court disenfranchise all 6.9 million Pennsylvanians who voted in the general election and instead 'direct the General Assembly to choose Pennsylvania's electors.'"
In the wake of the passage of the bill and the ensuing pandemic, millions of Pennsylvanians cast their ballots by mail in the 2020 general election.
Pennsylvania Attorney General Josh Shapiro noted that Act 77 was legislation largely favored by Republicans.
"8/9 of bill's cosponsors were Republicans," he said on Twitter over the weekend. "Passed the Republican-led House 138-61. Passed the Republican-led Senate 35-14." On Tuesday he reiterated that the complaint was "without merit."
President Donald Trump's campaign and some segments of the Republican Party have made Pennsylvania a battleground to challenge the results of the election. Nearly all of their court cases have been thrown out, including lawsuits at both the federal and state levels.
Late last week, some Republican state lawmakers drafted a resolution that would declare the results of the 2020 general election "to be in dispute." It called the certification of results "premature" and urged the governor to withdraw the certification of presidential electors.
The resolution urged Congress "to declare the selection of presidential electors in this Commonwealth to be in dispute." However, it is impossible for Republicans to advance the resolution before the session ended, leaders acknowledged over the weekend.
"We are physically unable to consider any new legislation before the end of session," Rep. Bryan Cutler and House Majority Leader Kerry Benninghoff said in a joint statement. "A simple resolution takes three legislative days for consideration and a concurrent resolution takes five legislative days to move through both chambers, which means we do not have the time needed to address any new resolutions in our current session."
The legislature's maneuvers were met with ridicule from Pennsylvania Lt. Gov. John Fetterman, who called it "nothing but a pitiful, desperate publicity stunt."
He tweeted: "They literally could introduce a resolution calling for a ham sandwich to be our state bird. This isn't going anywhere."