Liberal law professor Alan Dershowitz predicts the Trump campaign will prevail in its challenge over late-arriving ballots being counted in Pennsylvania so long as the number of ballots is enough to change the outcome of the Pennsylvania election and the matter goes before the U.S. Supreme Court.
"I do think that Trump will win the Pennsylvania lawsuit," Dershowitz told host Joel Pollak on SiriusXM’s Breitbart News Tonight, "namely, the lawsuit that challenges ballots that were filed before the end of Election Day but not received until after Election Day."
In a deadlock ruling, the Pennsylvania Supreme Court left in place a Pennsylvania court-ordered extension allowing late-arriving ballots to be accepted so long as the ballots are postmarked by Nov. 3 or if the postmark isn't legible and arrived several days after the election.
"The [Pennsylvania] legislature had basically said no to that and the [Pennsylvania] Supreme Court said yes because of the pandemic," Dershowitz continued. "That may have been the right decision in some theoretical sense, but the Constitution doesn’t permit anybody in the state but the legislature to make decisions about elections."
A Pennsylvania judge bought into that argument on Thursday and ordered segregated ballots to be excluded from the vote count. The week before, Justice Samuel Alito ordered Pennsylvania election officials to segregate all late-arriving ballots while legal challenges work their way through the courts.
Dershowitz said the argument made by the Trump campaign "clearly belongs in federal courts" and that he believes "the Republican argument is the stronger one."
"The Supreme Court will take the case only if it would make a difference, only if the plaintiffs, the Republicans, can show that the number of disputed ballots that were subject to sequestration by Justice Alito’s decision exceeds the difference between the winning margin and the losing margin," said the Harvard law professor.
Biden leads President Trump by more than 60,000 votes in the Keystone State.