Commentary The Supreme Court’s refusal to grapple with 2020 presidential election lawsuits concerning patently dubious policymaking by judges in Pennsylvania is a dereliction of duty of the highest order. Its unwillingness to grant certiorari is particularly glaring because the claims of malfeasance are so straightforward, the issues at hand are so fundamental, and the imperative to adjudicate them is so acute, given the likeliness for them to recur and influence future elections. The cases concern who makes the election rules: State legislators, or nonlegislative officials, including judges. The Constitution would seem to indicate the former, given it is state legislatures tasked with determining the “The Times, Places and Manner of holding Elections for Senators and Representatives,” as well as the “Manner” by which electors are appointed. Yet Pennsylvania, like several other states who conferred the power to make the rules upon non-legislators, believed otherwise. As Justice Thomas recounted in his …
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