The Outrageous Decision on Vote by Mail
The party-line Commonwealth Court decision declaring mail-in ballots unconstitutional is immediately outrageous and portends a deepening crisis in our democracy. The PA Supreme Court must—and we believe will—move quickly to overturn it. The decision is outrageous for two reasons. As Judge Wojcik’s dissenting opinion clearly demonstrates, it is based on a one-sided analysis of the Pennsylvania Constitution and case law. The majority opinion contains a close and highly textured reading of the Constitution and case law that leaves out of consideration a critical amendment to Article VII section 6 of the Constitution. Taking that amendment into account undermines the reasoning of the majority opinion. Second, the majority opinion outrageously disregards the non-severability clause in Act 77 that would require it to declare the entire Act unconstitutional if any part of it is so declared. Act 77 was a compromise in which Republicans accepted vote by mail in return for Democrats… Continue reading