LOUISVILLE, Ky. (WAVE) - Kentucky Attorney General Daniel Cameron joined in on legal action Monday, arguing Pennsylvania mail-in ballots received after Election Day, Nov. 3, should be tossed. He is one of 10 Republican attorneys general across the nation urging the Supreme Court to take up the case.
The Pennsylvania Supreme Court ruled 4-3 last month that ballots should be counted if they were postmarked by Nov. 3 and received by Nov. 6. It’s a move Louisiana’s attorney general compared to football referees changing the rules halfway through the game.
“The referees, which are the judges, don’t get to write the rules. That’s the legislature, and unfortunately, here we believe that the Supreme Court did exactly that,” Louisiana Attorney General Jeff Landry said at the Republican Attorneys General Association (RAGA) briefing Monday.
Cameron did not speak at the briefing but released this statement on Twitter:
UofL Professor of Constitutional Law Sam Marcosson said the argument that the RAGA is trying to make is a dangerous one.
“They are pushing a theory that I think would lead to the breakdown of our legal system as it divides power between the states and the federal government and it would actually undermine the role of the states in our system,” Marcosson said.
Marcosson explained that a state’s lawmakers interpreting their own legislation is foundational.
“In this case, it was the Pennsylvania Supreme Court that decided that this extension was permissible under Pennsylvania election law,” Marcosson explained. “That does not violate the federal Constitution, and it does not usurp the role of the Pennsylvania legislature.”
In this case, the votes in question have already been separated, despite the many unfounded claims they were included in the count.
“There is not a single ballot included in the current tally in Pennsylvania that was received after November 3, so it is misleading in the extreme to suggest or imply that somehow the count is tainted,” Marcosson said.
President-elect Joe Biden has pulled ahead with more than 43,000 votes in Pennsylvania, a margin much larger than the ballots in question, which is why many experts, including Marcosson, doubt the U.S. Supreme Court will take up the RAGA case.
“It’s wrong in this particular case to suggest that the courts will decide it. The voters of Pennsylvania already have,” Marcosson said.
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