FOR TRUMP AND PENNSYLVANIA, A PIVOTAL DAY AT SCOTUS

FOR TRUMP AND PENNSYLVANIA, A PIVOTAL DAY AT SCOTUS.
by
Julio Gonzalez, M.D., J.D.
 
Thus far, everything we have feared about the 2020 election process has come to bear.  From an evening that saw President Donald J. Trump winning handily to a surprise awakening for Americans the next day where he was amazingly behind, the presidential election has been fraught with uncertainty.  To make matters worse, issues of impropriety were not raised in just one state, but in several, leading to simultaneous legal actions and legislative hearings throughout the country.  In the meantime, the press continues its descent into utter incredulity as it continues to claim, despite the slew of facts against their assertions, that President Trump's accusation regarding voter fraud are "unsupported."
 
But Tuesday, December 8, is one of the most decisive days of the post-election process as a legal team not representing President Trump and not charging voter fraud prepares to make its case before Justice Samuel Alito. 
 
Congressman Mike Kelly (R PA) and his co-plaintiffs aver that all mail-in ballots counted in Pennsylvania were unconstitutional.  They contend that the Pennsylvania Constitution specifically limited the submission of ballots by methods other than in-person voting to four scenarios: 1) because the voters' duties, occupation or business required them to be elsewhere; 2) because of illness or physical disability; 3) because of the observance of a religious holiday; or 4) because of election day duties that prohibited the voter from being able to vote in person.  By adding unsolicited mail-in ballots, which the Pennsylvania legislature did through the passage of a statute in early 2020 named Act 77, it shattered its constitutional restraints.  According to the plaintiffs, the legislature added a fifth remote voting possibility in direct violation of Pennsylvania's Constitution.  
 
Predictably, the Pennsylvania Supreme Court struck down the argument through a 180-day statute of limitations provision included in Act 77 for challenges regarding the constitutionality of the statute. Thefederalistpages.com has already demonstrated the unconstitutionality of such a provision in an earlier report.  
 
The Pennsylvania Supreme Court's forced ruling was questioned not just by thefederalistpages.com.  Senator Ted Cruz, among others, wrote to the United States Supreme Court, urging it to hear the case.  Indeed, Congressman Kelly petitioned the Court for relief and indeed, last week came word from Justice Samuel Alito that he would be requiring arguments from state officials by December 9.  The date is significant as it would not allow him to consider the merits of the case after the Safe Harbor Deadline of December 8, which of course, the Court could temporarily set aside.  
 
Just as significant, however, is Alito's amendment to his order requiring that objections be turned in by 8:00 a.m. on December 8.  Such a change would allow the Associate Justice to act prior to the activation of the Safe Harbor restriction.  
 
A ruling favorable to the plaintiffs would potentially nullify all mail-in ballots in that state, making President Trump the sure victor in Pennsylvania.  As of December 6, former Vice President Joe Biden had officially amassed 279 Electoral College votes via state certification, more than the 270 required to win, although more certifications are arriving daily.  If Alito rules in favor of the plaintiffs, the decision would send shockwaves throughout the nation and dramatically curtail the confidence with which the Biden team can declare itself as winners of the 2020 election.  

​Millions await Justice Alito's decision.
 
Dr. Julio Gonzalez is an orthopaedic surgeon and lawyer living in Venice, Florida.  He served in the Florida House of Representatives.  He is the author of numerous books including The Federalist Pages, The Case for Free Market Healthcare, and Coronalessons.  He is available for appearances and book signings, and can be reached through www.thefederalistpages.com.
 
 
 
 
 

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