The activist Supreme Court of Pennsylvania just tossed a lawsuit challenging the constitutionality of the legislature to create a law that expanded mail-in voting. This is the same case we reported on earlier that a lower state judge felt had enough merit to suspend the certification process from completing:
CBS PITTSBURGH – The Pennsylvania Supreme Court has dismissed the lawsuit from Congressman Mike Kelly and congressional candidate Sean Parnell to declare universal mail-in voting unconstitutional in the state and deny the votes of the majority of Pennsylvanians who voted by mail in the Nov. 3 election.
The state Supreme Court dismissed the case on Saturday, based on the “Petitioners’ failure to file their facial constitutional challenge in a timely manner.”
In the lawsuit, the plaintiffs specifically cited issue with Act 77 and its “universal mail-in ballot provisions.”
They alleged the provisions that allowed all qualified electors to vote by mail in Pennsylvania were unconstitutional. They called for mail-in ballots that they alleged did not meet “constitutional requirements” to not be certified and for only “legal votes” to be certified, or for the Pennsylvania General Assembly to choose the electors and compensate the legal costs of the plaintiffs.
This unfortunately was expected, given the politics of the Pennsylvania Supreme Court. I expect this decision will be appealed to the Supreme Court, where it has a much likelier chance of getting a fair hearing.
Mark Levin responded to the decision on Twitter: