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That Pennsylvania Supreme Court Election Case Didn't Actually Get Thrown Out


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WASHINGTON – The US Supreme Court on Tuesday refused to grant an emergency injection in the GOP's efforts to challenge Pennsylvania's method of carrying out the 2020 election by mass mail-in ballots. But the case may not actually be over yet.

The court without comment refused to call into question the certification process in Pennsylvania. Democratic Gov. Tom Wolf already has certified Biden's victory and the state's 20 electors are to meet on Dec. 14 to cast their votes for Biden.

Republican U.S. Rep. Mike Kelly of northwestern Pennsylvania and other plaintiffs pleaded with the justices to intervene after the state Supreme Court turned away their case. The Republicans argued that Pennsylvania’s expansive vote-by-mail law is unconstitutional because it required a constitutional amendment to authorize its provisions. 

It's not clear if the case is fully rejected by the US Supreme Court. Trump attorney Jenna Ellis says the high court didn't refuse to hear the case, they just denied an emergency request to block Pennsylvania from continuing its process.

Meanwhile, at the White House on Monday, President Trump predicted even more activity this week. "You'll see a lot of big things happening over the next couple of days," he told reporters. 

Big Cases in Georgia, Michigan, Wisconsin, and Arizona

CBN News Chief Political Analyst David Brody says there's a lot on the line for a handful of states. 

"Then you've got Georgia, Michigan," Brody said Monday on CBN's Faith Nation. "The forensic audit of the Dominion Voting System machines, we're going to hear more about that in the next day or two. And Wisconsin, there is a case before the Wisconsin Supreme Court so lots going on." 

Arizona's high court has agreed to review an appeal based on the state Republican party's challenge to the state's certification of votes. 

So far though, legal challenges on behalf of the President haven't met much success.

READ Trump Team Makes Its Case: Secret Suitcases of Ballots in GA, 95,000 Suspicious Votes in NV 

On Monday, lawsuits filed by Sidney Powell, a former member of Trump's legal team, were thrown out in Michigan and Georgia. The suits claimed rigged voting machines switched massive amounts of votes from Trump to Biden. 

"Her case (in Georgia) has been thrown out from the bench by the judge," Erick Erickson said on his program, The Erick Erickson Show. "He didn't even take the time to consider it, her case was so bad the federal judge literally threw it out of court from the bench." 

Another Georgia case submitted by the President's attorneys was thrown out because the attorney didn't pay the filing fee or fill out the paperwork correctly. The team later corrected and resubmitted the suit. 

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And despite the President's calls for the governor to intervene, Georgia's Republican Secretary of State, Brad Raffensperger, recertified the vote that gave Biden the state by nearly 12,000 ballots. 

Georgia Gov. Brian Kemp did call for a signature check to determine the validity of mail-in ballots, but Raffensperger apparently did not comply.

"We have now counted legally-cast ballots, three times, and the results remain unchanged," said Raffensperger in a Monday news conference. 

Who's Leading Trump's Legal Team? 

With Rudy Giuliani now in the hospital with COVID, it's unclear who's leading the Trump legal team. 

"Rudy's doing well," President Trump told reporters Monday. "He's doing very well."

Tuesday is the deadline for states to ratify their electors to qualify for "safe harbor status" which means Congress must accept the slate of electors that have resolved their election disputes. 

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About The Author


Jenna Browder co-hosts Faith Nation and is a network correspondent for CBN News. She has interviewed many prominent national figures from both sides of the political aisle, including presidents, cabinet secretaries, lawmakers, and other high-ranking officials. Jenna grew up in the small mountain town of Gunnison, Colorado and graduated from the University of Colorado at Boulder, where she studied journalism. Her first TV jobs were at CBS affiliates in Cheyenne, Wyoming and Monroe, Louisiana where she anchored the nightly news. She came to Washington, D.C. in 2016. Getting to cover that year's