They have failed to allege that even a single mail-in ballot was fraudulently cast or counted, Justice David Wecht wrote in a concurring opinion
President Donald Trump drives a golf cart as he plays golf at Trump National Golf Club on Saturday. Pic/AP
Pennsylvania's highest court on Saturday night threw out a lower court's order preventing the state from certifying dozens of contests on its November 3 election ballot in the latest lawsuit filed by Republicans attempting to thwart President-elect Joe Biden's victory in the battleground state.
The state Supreme Court, in a unanimous decision, threw out the three-day-old order, saying the underlying lawsuit was filed months after the expiration of a time limit in Pennsylvania's expansive year-old mail-in voting law allowing for challenges to it.
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Justices also remarked on the lawsuit's staggering demand that an entire election be overturned retroactively. "They have failed to allege that even a single mail-in ballot was fraudulently cast or counted," Justice David Wecht wrote in a concurring opinion.
The state's attorney general, Democrat Josh Shapiro, called the court's decision "another win for Democracy." President Donald Trump and his lawyer, Rudy Giuliani, meanwhile, have repeatedly and baselessly claimed that Democrats falsified mail-in ballots to steal the election from Trump. Biden beat Trump by more than 80,000 votes in Pennsylvania, a state Trump had won in 2016.
The lawsuit, led by Republican US Rep. Mike Kelly, had challenged the state's mail-in voting law as unconstitutional. As a remedy, Kelly and the other Republican plaintiffs had sought to either throw out the 2.5 million mail-in ballots submitted under the law or to wipe out the election results and direct the state's Republican-controlled Legislature to pick Pennsylvania's presidential electors. The high court's two Republicans joined the five Democrats in opposing those remedies.
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