The Third Circuit has already ruled in a separate challenge that these ballots can be counted. It is pure fantasy to think that a lower court judge is going to throw them out.
Republicans are showing their anti-democracy colors at every level of government. #CountEveryVote
The most likely scenario is that the federal court dismisses this claim. They will not throw out these votes over a state court.
In American democracy, the equal protection remedy should not be throwing out votes- it should be forcing Westmoreland not to trash people's votes.
Here is a thread on the background of Judge Bibas' opinion in the Third Circuit. The district court is just not going to throw out these votes when a higher court has already ruled they were legally counted.
Senate Republicans want to throw out hundreds of votes because Allegheny counted votes with a postmark but not a written date, and Westmoreland trashed those votes.
They claim that is an equal protection violation.
Trump-appointed Third Circuit Judge Bibas says it is not.
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Courts exist to both enforce law and protect our rights. Here is a simple explanation of why the talking point that the PA Supreme Court “changed” the law is a lie.