Trump team asks SCOTUS to review ‘constitutionality’ of Pennsylvania election decisions

Lawyers for the Trump campaign are headed directly to the Supreme Court in a last-ditch effort to overturn the results of the 2020 election.

The Washington Examiner reported Sunday that President Trump’s attorneys have filed a motion asking that the U.S. Supreme Court grant them a writ of certiorari in their quest to reverse a series of rulings by the Pennsylvania Supreme Court.

Hanging “in the balance”

Specifically, the motion asks the justices to “review the constitutionality of three related Pennsylvania Supreme Court opinions eviscerating the laws enacted by the Pennsylvania Legislature governing the election of presidential electors in the middle of the 2020 Presidential election.”

“The Pennsylvania Supreme Court’s decisions involve issues of the utmost federal importance involving the Constitution’s most fundamental rights as exercised in the Nation’s most important election,” the petition adds.

It goes on: “The outcome of the election for the Presidency of the United States hangs in the balance because the selection of presidential electors is governed by the Constitution and congressional enactment, in addition to state law enacted by the Legislature.”

Giuliani steps up

The president’s lead attorney, former New York City Mayor Rudy Giuliani, also released a statement on the motion.

“This petition follows a related Pennsylvania case where Justice Alito and two other justices observed ‘the constitutionality of the [Pennsylvania] Supreme Court’s decision,” he said, according to the Washington Examiner.

Giuliani’s comments came in a reference to a decision by the Pennsylvania Supreme Court allowing ballots to be counted even if they arrived after Election Day — an apparent violation of state law.

On Nov. 6, Fox News reported that Justice Samuel Alito had ordered the state to segregate all ballots received after the deadline in anticipation of possible litigation. Now that those votes have been counted, however, Trump’s team says it should be up to the state legislatures to decide how to proceed.

“All appropriate remedies”

In his statement, Giuliani said “[t]he petition seeks all appropriate remedies, including vacating the appointment of electors committed to Joseph Biden and allowing the Pennsylvania General Assembly to select their replacements.”

The move comes nearly two weeks after the U.S. Supreme Court refused to hear a suit filed by Texas Attorney General Ken Paxton challenging voting procedures in Pennsylvania, Georgia, Michigan, and Wisconsin, as the Washington Examiner reported separately.

With a green light from the SCOTUS, the Electoral College voted 306–232 last Monday to cement Joe Biden’s win in the presidential contest, CBS News reported. Barring a successful challenge from Trump’s team, Congress is set to count and certify the vote on Jan. 6.

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