Sen. Ted Cruz (R-Texas), on Tuesday, Dec. 1, urged the United States Supreme Court to hear an emergency appeal challenging the election results in Pennsylvania, saying the matter “raises serious legal issues.”
Cruz, a former law professor at the University of Texas Law School in Austin, publicly supported the appeal filed by Pennsylvania Rep. Mike Kelly (R) and GOP congressional candidate Sean Parnell last month.
Kelly and Parnell filed a lawsuit in their home state, arguing that universal mail-in voting contradicts Pennsylvania’s Constitution. The state Supreme Court dismissed the suit, so they filed an emergency appeal to the U.S. Supreme Court.
“This appeal raises serious legal issues, and I believe the Court should hear the case on an expedited basis,” Cruz wrote in a statement, noting, “The Pennsylvania Constitution requires in-person voting, except in narrow and defined circumstances. Late last year, the Pennsylvania Legislature passed a law that purported to allow universal mail-in voting, notwithstanding the Pennsylvania Constitution’s express prohibition.”
Cruz criticized the “partisan” Pennsylvania Supreme Court composed of Democrats who made decisions reflecting their political and ideological bias.
“Just over a month ago, Justice Alito, along with Justice Thomas and Justice Gorsuch, wrote—correctly, I believe—concerning the Pennsylvania court’s previous decision to count ballots received after Election Day.” He added, “there is a strong likelihood that the State Supreme Court decision violates the Federal Constitution.”
Cruz argued that the Pennsylvania Supreme Court put the plaintiffs “in a Catch-22” by telling them, “Before the election, they lacked standing; after the election, they’ve delayed too long.”
Cruz acknowledged that the U.S. Supreme Court would ordinarily not take up election cases concerning state law, but “these are not ordinary times.”
“As of today, according to Reuters/Ipsos polling, 39 percent of Americans believe that ‘the election was rigged.’ That is not healthy for our democracy,” Cruz concluded. “The bitter division and acrimony we see across the nation needs resolution. And I believe the U.S. Supreme Court has a responsibility to the American people to ensure that we are following the law and following the Constitution.”
“Hearing this case—now, on an emergency expedited basis—would be an important step in helping rebuild confidence in the integrity of our democratic system,” he said.
— Ted Cruz (@tedcruz) December 1, 2020