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SCOTUS Puts Its Finger on the scales in the Pensylvania Senate Race




 I made the case in a post here on May 31 that reality wasn't cooperating with our very human desire for nice story lines. 

As part of the evidence, I referenced the May 24 Republican primary in Pennsylvania, for the nomination for the US Senate, in which Kathy Barnette, the underdog surprise candidate (THAT is always a nice storyline), faded into relative insignificance at almost the moment the actual counting of ballots began. 

Right around the time I wrote that post, the issue has narrowed down to this: would undated signed mail-in ballots be counted? There was nothing fraudulent in the wind: some voters simply forgot to fill out the date line on the outside envelope. 

Had those votes been counted, it seems, McCormick might have won. Without those ballots, Oz had his win/ 

But let's back up. In the final stretch of the campaign, Mehmet Oz remained a favorite almost entirely on the strength of Trump's endorsement. THAT suggested a storyline (Trump still has great control over the GOP!) but this didn't really work since he and David McCormick were effectively tied as of the next morning and several days thereafter.

Now we have at last a decent storyline for the case. It was Bush v. Gore redux, a campaign in which the U.S. Supreme Court put its fat fingers on the scale and determined the result. 

It was the Court that decided, in effect, that undated ballot would not be counted. So the Court gave this case to Oz. 

The trial court judge who first heard the case, the Hon. Renee Cohn Jubelirer, did not have an opportunity to issue an opinion, but at oral argument she had favored the McCormick attorney's arguments.

Have you ever made a mistake when you put a date on something?” she asked lawyers for Oz. “I know I have. … Should that defeat a person’s ability to vote?”

Back in the days when I still used paper checks, signed them with ink and sent them to people to whom I owed money, THOSE ancient days, I mistakenly dated a few with a date like "January 3, 1993" when it was in fact the 3d day of 1994. Most of us old enough to remember ancient times did that now and then. Jubelirer was suggesting that nothing worse than THAT had happened here. And, usually, ... those checks cleared.

Commonsense overturned by SCOTUS. How odd!   

Comments

  1. The Washington Post reports, "The Supreme Court on Thursday [June 9] cleared the way for Pennsylvania to count mail-in primary ballots received by the Election Day deadline but lacked a state-required handwritten date on the return envelope.

    "There are relatively few “undated” ballots, though they could make a difference in tight races. But the sense of urgency surrounding the Supreme Court’s action diminished last week, when Republican Senate candidate David McCormick conceded to rival Mehmet Oz. McCormick, who trailed Oz by less than 1,000 votes, sued to have the votes counted, and Pennsylvania’s commonwealth court agreed.

    "But there were not enough of the ballots to make a difference, McCormick decided. Oz will face Democratic Lt. Gov. John Fetterman (D) in the general election, a crucial race for both parties hoping to win control of the Senate in November."

    https://www.washingtonpost.com/politics/2022/06/09/supreme-court-pennsylvania-ballots/

    ReplyDelete
  2. So there was no earlier decision the other way? I was sure SCOTUS had already ruled in the Oz/McCormick matter, and the opposite way from the way it ruled today. Were there two different cases or am I just thoroughly confused?

    ReplyDelete
    Replies
    1. The earlier decision was Alito's issuing a temporary stay on counting the ballots. https://www.nytimes.com/2022/06/01/us/politics/supreme-court-ballots-pennsylvania.html

      Delete

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