In late November a Pennsylvania commonwealth judge, Patricia McCullough, issued a temporary injunction that would have prevented the state from taking further steps to complete the certification of the presidential race. She argued that “petitioners appear to have established a likelihood to succeed on the merits because petitioners have asserted the Constitution does not provide a mechanism for the legislature to allow for expansion of absentee voting without a constitutional amendment.” She also opined that the “petitioners appear to have a viable claim that the mail-in ballot procedures set forth in Act 77 contravene” the plain language of the provision of the Pennsylvania Constitution, which deals with absentee voting. However, the Pennsylvania Supreme Court ruled that the plaintiffs waited too long before the county of boards of election were required to certify the election results to bring the case, which could “result in the disenfranchisement of millions of Pennsylvania voters” who voted by mail. In the petition, the lawyer argued that it was a no-win situation for his clients, who wanted to bring the case against the law. “Pennsylvania does not permit electors and candidates to bring substantive constitutional challenges to laws governing the conduct of federal elections. An elector or candidate may not bring a challenge prior to an election for failure to meet standing requirements,” he wrote, referring to the legal right—or standing—to bring the case. “To overcome such speculative harm requires waiting until after the election takes place. But now that harm has materialized and is no longer speculative, it is too late,” he added.

Catch-22. Before the election there is no standing, after the election it's too late.

In late November a Pennsylvania commonwealth judge, Patricia McCullough, issued a temporary injunction that would have prevented the state from taking further steps to complete the certification of the presidential race. She argued that “petitioners appear to have established a likelihood to succeed on the merits because petitioners have asserted the Constitution does not provide a mechanism for the legislature to allow for expansion of absentee voting without a constitutional amendment.”

She also opined that the “petitioners appear to have a viable claim that the mail-in ballot procedures set forth in Act 77 contravene” the plain language of the provision of the Pennsylvania Constitution, which deals with absentee voting.

However, the Pennsylvania Supreme Court ruled that the plaintiffs waited too long before the county of boards of election were required to certify the election results to bring the case, which could “result in the disenfranchisement of millions of Pennsylvania voters” who voted by mail.

In the petition, the lawyer argued that it was a no-win situation for his clients, who wanted to bring the case against the law.

“Pennsylvania does not permit electors and candidates to bring substantive constitutional challenges to laws governing the conduct of federal elections. An elector or candidate may not bring a challenge prior to an election for failure to meet standing requirements,” he wrote, referring to the legal right—or standing—to bring the case.

“To overcome such speculative harm requires waiting until after the election takes place. But now that harm has materialized and is no longer speculative, it is too late,” he added.

Catch-22. Before the election there is no standing, after the election it's too late.