Officials Appeal To PA Supreme Court To Dismiss Trump Case

PENNSYLVANIA — The final decision on the Trump campaign's latest appeal of Pennsylvania's election results remains pending, as state Democratic leaders appeal to the Pennsylvania Supreme Court to toss out the case.

Republican Judge Patricia A. McCullough ordered a stay on the certification of any further election results in Pennsylvania on Wednesday. The hearing that had been scheduled in the Commonwealth Court of Pennsylvania for Friday morning was postponed following the appeal.

A new hearing date has not yet been scheduled.

McCullough's order comes after the latest filing from the Trump campaign that contests the legality of Act 77. That legislation, passed in bipartisan fashion in the Pennsylvania legislature in Oct. 2019, allows voters to cast ballots by mail without giving a reason.

The Pennsylvania Supreme Court is composed of a 5-2 Democratic majority. Former Commonwealth Court Judge Robert L. Byer believes the case will be dismissed.

"Commonwealth court never had jurisdiction to begin with, because the statute also conferred original jurisdiction on Supreme Court to consider any challenges," he said on Twitter Wednesday.

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The defendants in the case, Pennsylvania Secretary of State Kathy Boockvar and Gov. Tom Wolf, filed an appeal of that order, asking McCullough to throw the case out. This led to the postponement of Friday's hearing.

The case remains under consideration despite the state's announcement on Tuesday that the state had already certified the results of the election.