Constitutional lawyer Alan Dershowitz believes President Trump will emerge victorious the Pennsylvania lawsuit against ballot deadline extensions.
Dershowitz explained to Breitbart News on Friday that the reason is simple: Pennsylvania’s Supreme Court put into practice election law that hadn’t been approved by its legislature, an unconstitutional action.
“I do think that Trump will win the Pennsylvania lawsuit…namely, the lawsuit that challenges ballots that were filed before the end of Election Day, but not received until after Election Day,” Dershowitz said.
“The [Pennsylvania] legislature had basically said no to that, and the state Supreme Court said yes because of the pandemic.”
Dershowitz added that the court may have made the “right decision” in a “theoretical sense”, but that doesn’t excuse its unconstitutionality.
“That may have been the right decision in some theoretical sense, but the Constitution doesn’t permit anybody in the state but the legislature to make decisions about elections.”
Dershowitz noted that the Supreme Court may weigh in depending on how strong of a case the Republicans present.
“The Supreme Court will take that case only if it would make a difference, only if the plaintiffs — the Republicans — can show that the number of disputed ballots that were subject to sequestration by Justice Alito’s decision exceeds the difference between the winning margin and the losing margin.”
“The Pennsylvania constitutional argument is a wholesale argument that clearly belongs in federal courts,” he added.
Last week, Justice Samuel Alito hinted that the Supreme Court may take up the Pennsylvania case when he ordered the states’ election boards to separate ballots that arrived after 8 PM on Election Day.
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