As Republicans across the country escalate efforts to investigate credible allegations of fraud during the 2020 election, a group of ten Republican Attorneys General have filed an 'amicus brief' with the US Supreme Court in a case challenging the legality of late mail-in ballots in Pennsylvania.
AGs from Missouri, Alabama, Arkansas, Florida, Kentucky, Louisiana, Mississippi, South Carolina, South Dakota, and Texas filed in Republican Party of Pennsylvania v. Boockvar, which challenges the Pennsylvania Supreme Court's late October decision to allow ballots arriving after Election Day to be counted - despite, as The Federalist notes - state laws mandating otherwise.
"Free and fair elections are the cornerstone of our Republic and it’s one of the reasons why the United States is the envy of the world," said Missouri AG Eric Schmitt in a Monday press conference. "We have to ensure that every legal vote cast is counted in that every illegal vote cast is not counted."
Associate Justice Samuel Alito Jr. already granted the Republican Party of Pennsylvania’s request and temporarily ordered all counties segregate mail-in ballots that arrived after 8 p.m. on Election Day from others, but the lawsuit is still pending petition in the highest court.
The attorneys’ hope is that by filing as “friends of the Court” and demonstrating a “strong interest” in the ramifications of the Supreme Court’s potential decision that SCOTUS may be more willing to take up the case. -The Federalist
"The actions taken by the Pennsylvania Supreme Court are one of the most breathtaking abuses of judicial authority that I’ve seen in my four-plus years as attorney general," said Oklahoma AG Mike Hunter.
Plaintiffs argue that the PA Supreme Court exceeded its authority and violated the Constitution's Election Clauses which give state legislatures, not the courts, the power and "unique role" to decide various election procedures.
"Our system of federalism relies on separation of powers to preserve liberty at every level of government, and the separation of powers in the Election Clauses is no exception to this principle," reads the amicus brief.
They also believe the decision handed down by the Pennsylvania Court expanded the potential for voter fraud. This decision, the attorneys general argue, may have affected the weight of votes in states outside of Pennsylvania which is in direct violation of previous Court rulings stating that every vote must be “fairly counted without its being distorted by fraudulently cast votes.”
“Regardless of the election’s outcome, only legal ballots should be counted,” the brief continues, citing Anderson v. United States from 1974. -The Federalist
"We as attorneys general and we, as the chief legal officers of our state have a responsibility to address that kind of judicial abuse of authority because of the precedent that that decision represents can affect the outcome of elections, not only in Pennsylvania but national elections," said Oklahoma AG Hunter.
Things are heating up when it comes to investigating the integrity of the election. On Monday, Attorney General William Barr authorized DOJ officials to open inquiries into potential irregularities - a move which led to the swift departure of the agency's top voter fraud investigator, Richard Pilger.
Shortly after meeting with Barr on Monday, Senate Majority Leader Mitch McConnell (R-KY) delivered a floor speech asserting that President Trump is "100% within his rights" to challenge the results of the election.
Democrats - who have notably changed their language from 'there was no election fraud' to 'there was no widespread election fraud' are now asserting that the DOJ may be trying to change the results of the election by investigating.
Former Vice President Joe Biden, meanwhile, is acting like the election is settled. In addition to insisting Trump concede, Biden is expected to name a chief of staff as early as this week.