Supreme Court May Revisit Pennsylvania Vote-by-Mail Case — with Justice Amy Coney Barrett as Tiebreaker

The Supreme Court could soon revisit a challenge to a Pennsylvania Supreme Court decision on extending the deadline for the receipt of absentee ballots — this time, with Justice Amy Coney Barrett on the Court, possibly casting a tie breaking vote.

As Breitbart News reported last week:

The U.S. Supreme Court rejected a Republican application to stay the decision of the Pennsylvania Supreme Court to grant the Democratic Party’s request to make several changes to mail-in voting that critics have decried as vulnerable to fraud.

As Breitbart News reported last month, “The Pennsylvania Supreme Court ruled … that ballots received three days after Election Day will still be counted — even if there is no evidence they were postmarked on time.”

Republicans sought a stay.

The Supreme Court, however, split 4-4 on the request, leaving the decision of the lower court in place. Chief Justice John Roberts sided with the Court’s liberal minority; the remaining four conservative justices sided with the Republican request.

The fact that the Court split 4-4 means that its decision will set no precedent on the legal issues at stake.

Moreover, Republicans have re-filed a challenge — this time, apparently, challenging the constitutionality of the power of the state courts to decide election issues. Article II, Section 1 of the Constitution states (emphasis added):

Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.

The Court could decide that the Pennsylvania state legislature — which is controlled by a Republican majority — has the sole power to regulate elections, invalidating the courts’ changes to the process of accepting absentee ballots.

Sen. Ted Cruz (R-TX) told Breitbart News — without referring to any particular controversy — that one of the most important reasons to confirm Barrett before the election was to avoid 4-4 splits that could create a patchwork of electoral guidelines.

Barrett will also hear a variety of other consequential cases immediately upon taking her place on the bench.


Joe Biden: No Term Limits for Supreme Court Justices, Maybe Move Them to Another Court

Former Vice President Joe Biden said Monday that he did not support term limits for Supreme Court justices — but would consider moving them to “another court,” which amounts to the same thing.

For months, Biden has dodged questions about whether he would “pack” the Court — i.e. expand the number of seats on the Court, and fill them with liberal justices, as some Democrats are demanding.

At first, Biden said that voters did not deserve to know his answer about court-packing before the election, and that they would find out afterwards. Then, at an ABC News town hall earlier this month, Biden suggested that he would provide an answer by Election Day.

On Monday, Biden confirmed to reporters in Chester, Pennsylvania, that he would create a bipartisan commission to study reforms to the judiciary, and that it would report to him within 180 days of his taking office in January.

A reporter asked Biden specifically about whether he would support term limits for Supreme Court justices.

The context was recent news that Biden’s transition team leader, former Sen. Ted Kaufman (D-DE), has publicly supported a bill to limit Supreme Court justices to 18-year terms.

Biden told the press that he was against term limits, but that he was considering a proposal to move Supreme Court justices to different courts:

No, no no no no. There is a question about whether or not — it’s a lifetime appointment. I’m not going to attempt to change that at all. There’s some literature, among constitutional scholars, about the possibility of going from one court to another court, not just always staying the whole time on the Supreme Court. But i have made no judgment, my word, my word is I have made no judgment, they’re just just a group of serious constitutional scholars, have a number of ideas how we should proceed from this point on. And that’s what we’re going to be doing. I’m going to give them 180 days, God willing, if I’m elected from the time I’m sworn in, to be able to make such a recommendation.

The problem: the two proposals are the same. That is, the proposal to move justices “from one court to another” is a proposal for term limits on the Supreme Court.

They are part of the same plan, contained in the same legislation that Kaufman has endorsed.

As Breitbart News reported last month, the new legislation, backed by Rep. Ro Khanna (D-CA) and other left-wing members of Congress, “H.R. 8424: Supreme Court Term Limits and Regular Appointments Act of 2020,” proposes that Supreme Court justices be forced to retire after 18 years and then relegated to a “senior” role or moved to other courts.

The reason for rotating the justices, rather than removing them, would be to avoid the necessity of passing an amendment to the Constitution, which indicates that federal judges serve for life (or until retirement or impeachment).

As Reuters explained in reporting on the bill last month: “The bill seeks to avoid constitutional concerns by exempting current justices from the 18-year rule. Those appointed under term limits would become “senior” upon retirement and rotate to lower courts.”

The text of the bill says (emphasis added): “Any justice of the United States who has served a total of 18 years as a justice shall be treated as a justice retired from regular active service.” And: “Any Chief Justice of the United States or Associate Justice of the Supreme Court who has retired from regular active service … shall be known and designated as a Senior Justice and may continue to perform such judicial duties as such Justice is willing and able to undertake, when designated and assigned by the Chief Justice of the United States.” The bill also allows the President to “designate a Senior Justice … to fill a vacancy resulting from the retirement of a justice” on the lower courts.

Biden made his remarks just hours before Republicans were set to confirm Amy Coney Barrett to the Supreme Court, creating a nominal 6-3 conservative majority.

Joel B. Pollak is Senior Editor-at-Large at Breitbart News and the host of Breitbart News Sunday on Sirius XM Patriot on Sunday evenings from 7 p.m. to 10 p.m. ET (4 p.m. to 7 p.m. PT). His newest e-book is The Trumpian Virtues: The Lessons and Legacy of Donald Trump’s Presidency. His recent book, RED NOVEMBER, tells the story of the 2020 Democratic presidential primary from a conservative perspective. He is a winner of the 2018 Robert Novak Journalism Alumni Fellowship. Follow him on Twitter at @joelpollak.


Post-debate poll: Trump leads Biden by three points in Pennsylvania

October 26, 2020

According to a new post-debate poll released by the conservative organization American Greatness, incumbent President Donald Trump has a three-point lead over former Vice President Joe Biden in the swing state of Pennsylvania.

The study’s results found that Trump gained a three-point lead over Biden after Thursday night’s final presidential debate, with Trump and Biden at 48.4% and 45.5% respectively with a stated margin of error of plus or minus 4.9%. Jo Jorgensen, the Libertarian Party’s nominee for president, got 3%. 3% of respondents said they were undecided.

The poll, conducted the night of October 25, surveyed 400 likely Pennsylvania voters via IVR and live cell phone interviews.

A previous poll that AG conducted between October 12 and 13 gave Biden a three-point lead in Pennsylvania but showed that lead narrowing.

For why they believe this change occurred, InsiderAdvantage’s Matt Towery offered some of his own analysis, however, he did not cite any sources to back up his claims.

“Since the debate Trump has picked up support from younger voters, who based on our prior survey strongly oppose future lockdowns over Covid-19 spikes,” Towery said.

Other demographic groups that Towery claimed were pivotal for Trump in this latest data shift were male voters, senior voters, and African Americans, whom Trump has been gaining further traction with.

Another reason that Towery points to is Biden’s recent statements regarding fracking.

“It would be nothing more than mere conjecture to attempt to correlate Biden’s statements on energy and fracking in the last debate contest with the shift towards Trump in this survey,” he wrote.

It’s important to note that fracking is an important issue for many Pennsylvanians, especially those in the western part of the state where both campaigns have been particularly directing their efforts. Trump has been a vocal advocate for fracking, while Biden has been broadly opposed to it, though Biden has not been consistent in specific views on the issue.

You can follow Douglas Braff on Twitter @Douglas_P_Braff.



Donald Trump Taunts Joe Biden: ‘He Can’t Remember My Name’

President Donald Trump taunted former Vice President Joe Biden at a campaign rally in Pennsylvania on Monday for forgetting his name in a recent interview.

“Could you imagine? He can’t remember my name,” Trump said. “Now I’m not that big of an ego guy … I happen to be president. He could not remember my name yesterday.”

Trump was referring to an interview with Biden with Norah O’Donnell on 60 Minutes aired on Sunday.

“Four more years of George, uh, George, uh, he, uh — gonna find ourselves in a position where, if, uh, Trump gets elected, uh, we’re gonna be, uh, we’re gonna be in a different world,” Biden said, continuing a pattern evidenced early in the campaign.

Biden’s wife Jill blinked several times and opened and closed her mouth while her husband struggled to get the words out.

The former vice president’s brain apparently flashed back to a time when George W. Bush was president for the years 2000-2008.

“This is what you’re putting in office, I don’t think he’s going to make it,” Trump said at his rally.

The president also taunted Biden for remaining at home last weekend and holding no campaign events.

“Can you believe this? I’m running against this,” Trump said. “I am running against the worst candidate in the history of Presidential politics.”


Watch: Joe Biden Cuts Off Reporter During Question on Hunter Biden

Democrat presidential candidate Joe Biden cut off a Wilkes-Barre, Pennsylvania, television reporter on Saturday who was attempting to ask a question about his son, Hunter Biden.

WYOU reporter Andy Mehalshick began saying, “Questions and controversy continue today about Hunter Biden, your son,” before Biden jumped on him:

“There is no controversy,” he snapped. “That’s all a lie.”

“It’s a flat lie because the president has nothing else to run on. If you noticed, while the American people are talking about what’s happening to their families; he has no plan and at the debate, he has no plan,” Biden said.

“Everything from Wall Street Journal, other major news outlet said what he is saying is simply not true about my son, but it’s classic Trump,” responded Biden.

Biden, who has held small events where attendees stay in their vehicles and honk their approval, criticized President Donald Trump’s massive rallies.

“He’s going around the country holding these great spreaders of more virus,” Biden said.

WYOU’s question came as the Journal reported on Thursday about a former Biden business associate, Tony Bobulinski:

An ex-business partner of Hunter Biden, in a news conference organized by the Trump campaign, alleged that former Vice President Joe Biden was part of discussions around his son’s efforts to form an investment venture with a Chinese oil company. …

In a statement to reporters Thursday, Anthony Bobulinski said that in 2017 Hunter Biden consulted his father about a planned venture with Chinese oil company CEFC China Energy Co. to invest in the U.S. and elsewhere. Mr. Bobulinski was also a partner.

The venture—set up in 2017 after Mr. Biden left the vice presidency and before his presidential campaign—never received proposed funds from the Chinese company or completed any deals, according to people familiar with the matter. Corporate records reviewed by The Wall Street Journal show no role for Joe Biden.

The paper reported that Biden’s campaign denied his involvement in the business dealings.

Bobulinski addressed reporters prior to the final presidential debate on Thursday.

Kyle Olson is a reporter for Breitbart News. He is also host of “The Kyle Olson Show,” syndicated on Michigan radio stations on Saturdays. Listen to segments on YouTube or download full podcast episodes. Follow him on Twitter, like him on Facebook, and follow him on Parler.


Trump: They Play Games in Philadelphia — Watch the Voting Very Closely

President Donald Trump expressed suspicion of Democrat voting tactics in Philadelphia on Friday, urging his supporters to watch closely for any fraud.

“You got to be very careful in Philadelphia. They play games in Philadelphia, and they won’t let us watch the count in Philadelphia,” Trump said at a campaign rally in Pensacola, Florida.

The president was likely referring to his campaign’s efforts to have poll watchers at satellite election offices in Philadelphia, Pennsylvania.

On October 9, a Philadelphia judge ruled against a campaign lawsuit to allow poll watchers at the satellite offices where voters can drop off ballots.

Pennsylvania’s Attorney General Josh Shapiro also warned the Trump campaign on Thursday after they videotaped Philadelphia voters depositing their ballots in drop boxes to watch for voter fraud.

Shapiro argued that the tactics could amount to voter intimidation.

Trump referred to past elections in Philadelphia where Republicans got either very few or no votes at all. In 2012, Mitt Romney got zero votes in 59 voting divisions in Philadelphia.

“So we’re watching Philadelphia … because I don’t like what I’m hearing about Philadelphia,” Trump said.

Of the 1,322,440 mail-in and early in-person ballots returned, Democrats lead Republicans with 71 percent. Republicans only have 20 percent, while nine percent is “other.”


Trump Campaign Airs Ad In Pennsylvania Exposing Biden’s Energy Industry Lies

The Trump campaign released a new ad Friday, set to air in Pennsylvania, exposing Democratic presidential nominee Joe Biden’s plans to ban fracking and destroy the energy industry.

The ad features Jen, a fracking technician, who warns that if Biden is elected he will terminate her job and thousands of others in Pennsylvania, which she describes as “a fossil fuel state.”

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President Donald Trump pressed Biden to clarify his stance on fracking during Thursday night’s final presidential debate.

“I have never said I oppose fracking,” Biden claimed.

“You said it on tape,” Trump fired back.

“I—show the tape, put it on your website,” Biden stammered.

The Trump team gladly accepted the challenge from Biden, and within a matter of moments, posted video of Biden’s contradicting statements on Twitter:

The video also features Biden’s running mate, Sen. Kamala Harris, consistently opposing fracking. Of course this makes sense, since Harris is a proud co-sponsor of the Green New Deal, the radical leftist legislation which would effectively ban fracking.

Just as Thursday’s debate was wrapping up, Trump also pressured Biden into admitting he wants to end the U.S. oil industry.

“Would you close down the oil industry?” President Donald Trump asked.

“I would transition from the oil industry, yes,” Biden replied.

The anti-energy industry look isn’t a good one for Biden, especially in several swing states in play this election. If we learned anything from the 2016 election, it’s that blue-collar states want the oil and gas industry protected. Hillary Clinton came out with her own strong stance against the energy industry, saying in 2016, “We’re going to put a lot of coal miners and coal companies out of business.” This didn’t sit well with blue-collar union Democrats who did their own flip-flopping and voted for Trump, who ended up beating Clinton in Pennsylvania by 44,292 votes.

WATCH: How Trump’s EPA Administrator Is Tackling Long-Neglected Toxic Superfund Sites


3 Ways Donald Trump’s Debate Performance Will Affect The Race

It might seem obvious, but in all the racket that follows a debate the most important focus is how it affects the race, if at all.

It was a solid debate — despite more questions geared toward former Vice President Joe Biden and against President Donald Trump, and with moderator Kristen Welker interrupting the president 24 times to Biden’s two, by Fox’s count. On the most important count, however, Trump won the debate hands down. Here’s three reasons why.


As Welker attempted to move from energy to the next topic in the last half hour of the debate, Trump asked a pointed question:

Trump: “Would he close down the oil industry? Would you close down the oil industry?”

Biden: “I would transition from the oil industry, yes.”

Trump: “Oh, that’s a big statement.”

Biden: “That is a big statement, because I would stop–”

Welker: “Why would you do that?”

Biden: “Because the oil industry pollutes significantly.”

Trump: “Oh, I see. That’s a big statement.”

Having read this exchange and seen it, it’s worth a two-panel look. Watch Trump’s face as Biden attacks oil on the national stage.

“That may be the biggest statement,” Trump said, savoring the moment as the first part of the exchange came to a close. “In terms of business, that’s the biggest statement, because basically what he’s saying is he is going to destroy the oil industry. Will you remember that, Texas? Will you remember that, Pennsylvania? Will you remember that, Oklahoma?”

And he was right. Pennsylvania is a very important state to a Trump Electoral College win, and despite signs it has been trending more red, it is still very much a toss-up that could help sink a second term. Why, when so much of the country seems to be trending blue, is Pennsylvania going the other direction? In a word, energy.

In 2008 and 2012, Philadelphia dominated the vote, coming out in support of the first black president. In 2016, rural voters eager to take part in the booming American energy economy helped propel Trump to the White House. That year, Obama’s final-day Philadelphia appeal fell short, though we saw him try again just this week because he knows it is crucial.

Biden, with prodding from Trump, just wrote the Republican campaign ad. He was even kind enough to write the introduction, challenging the president to “show the tape” where Biden says fracking should be banned.

Biden took a less radical tact in the primary, pushing back against the Green New Deal’s anti-energy policies, but in a rush to unite the Democratic Party after winning tacked hard to the left in the general. It was a gamble designed to bring the radical wing of the Democratic Party behind him, and based on the hypothesis that simply a united Blue Team is strong enough to win the country.

In the past few weeks, he’s once again changed course, insisting he would not ban fracking. On Thursday night, he sunk that final move, and a preview of what is to come was available within hours.

Polls in Pennsylvania are close, and the president is at risk of losing the Keystone State, so expect his campaign to run Biden’s words over and over again. In the final stretch, it could make all the difference.

Far outside of Pennsylvania, where Democrats are hoping for wins in states like Texas and Oklahoma, expect to hear the top of the ticket’s attacks on the industry. It was the evening’s biggest win for the president.

Russian Disinformation

Biden knew he shouldn’t have brought it up — he said as much out loud — but did it anyway.

“Well, I shouldn’t…” the vice president began, fading off. “Well, I will.” You could almost hear the “No! No! No!” coming from his campaign war room, but there he went, claiming his family’s now-public, corrupt dealings with foreign corporations seeking access to power are just Russian disinformation. “Former New York City Mayor Rudy [Giuliani],” he charged, “he is being used as a Russian pawn. He, he is being fed information that is not true.”

This was a silly media and campaign line in the first place, but since the Democrats first staked this ground, the director of national intelligence has publicly said there is no evidence to support it. Since then, the Department of Justice and Department of State have agreed — as has the FBI, which is in possession of the laptop in question and is reportedly using its evidence in an investigation into suspected money laundering.

For a week, the titans of the American left have worked to quash this story, sending surrogates out to argue with the evidence while Big Tech actively suppresses the information and Biden hides from reporters more interested in asking him the flavor of his milkshake. It was going to be hard to hide until Election Day, but any hope of that is now dashed. Even the allied news networks that have diligently worked to ignore the story have now unintentionally aired it.

There’s no part of this story that plays into the vice president’s campaign message, and no aspect of it will do well with voters.


It’s a buzzword, and an annoying one, but it’s true: President Donald Trump’s usual tone plays terribly with a large swathe of the college-educated, suburban women who made up an important part of the old GOP. On the campaign trail in Michigan and Wisconsin just a week ago, we heard it over and over again: These voters don’t like his combative Queens style.

The first debate, just four days before the president was rushed to the hospital with Covid-19, did not help his case with these voters. Even MAGA-hat-wearing die-hard supporters felt let down. Thursday night, Trump turned that around, giving both what they’d been hoping for: A condifent defense of his administration’s accomplishments, combined with effectively pushing his opponent to answer for corruption allegations and the radical aspects of his party.

It was a strong debate performance, sure to calm nervous Republicans and likely to soothe those who say they’re wavering so much they’d wondered if they would vote at all.

These three points were clear victories for the president, likely to cut through the noise and directly reach Americans in the last two weeks of the election.

Thursday night was the last time Americans would ever watch Donald Trump live in a presidential debate. “Let’s finish this,” he reportedly told aides after leaving the stage.


Joe Biden Finally Admitted He Wants To End The Oil Industry

Democratic Presidential Nominee Joe Biden admitted during Thursday night’s final presidential debate that he going to end the oil industry if elected president.

“Would you close down the oil industry?” President Donald Trump pressed just before their closing statements.

“I would transition from the oil industry, yes,” Biden replied.

When asked by debate moderator Kristen Welker to clarify his statement, Biden claimed that he wants to shut down the oil industry because it “pollutes significantly” and needs to be “replaced by renewable energy over time.”

“That’s a big statement,” Trump said, slamming Biden for his bold proclamation.

“That may be the biggest statement in terms of business,” Trump said “Basically what he is saying is he is going to destroy the oil industry. Will you remember that Texas? Will you remember that Pennsylvania, Oklahoma, Ohio?”

Biden then criticized Trump for subsidizing the oil industry.

“I stopped giving the oil industry federal subsidies,” Biden said. “He won’t give federal subsidies to solar and wind. Why are we giving it to the oil industry?”

“We actually do give solar and wind,” Trump said, correcting Biden.

Earlier in the debate, Biden lied about banning fracking, claiming that he has never opposed it.

“I do rule out banning fracking because we need other industries to get ultimately to complete zero omissions by 2025,” he said.

“Fracking on federal land I said. No fracking on federal land,” Biden continued, but his efforts to scrub his previous statements were made in vain.

Trump, however, fact-checked Biden on the debate stage over his comments

“Excuse me — he was against fracking. He said it,” Trump pointed out. “I will show it to you tomorrow. Until he got the nomination, went to Pennsylvania. But you know what, Pennsylvania, he will be against it very soon because his party is against it.”

Trump is correct. Despite Biden’s claims, both he and his running mate Sen. Kamala Harris have expressed interest in banning fracking in the past.

Biden only recently changed his position on the issue during a campaign visit to Pennsylvania.

As Environmental Protection Agency Administrator Andrew Wheeler recently noted in an interview with The Federalist, Biden could claim that he’s against “banning” fracking and still cause serious harm to the oil and gas industry through massive regulations.

“I’ve heard him talking about fracking multiple times, and every time it seems a little different,” Wheeler said. “But you don’t have to ban something if you regulate it to death. And the Obama administration was regulating it to death.”

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Fox News Polls: Trump Leads in Ohio, Race Tightens in Pennsylvania, Wisconsin

A series of new polls released by Fox News on Wednesday indicate the presidential race has shifted in recent days, with President Donald Trump leading in Ohio and a tight race forming in Pennsylvania and Wisconsin.

The polls, which were conducted between October 17 and October 20, found Trump was running close to former Vice President Joe Biden. The results seem to indicate the 2020 race is closer than many political observers believe, especially less than two weeks out from Election Day.

In Ohio, for instance, Trump leads the Democrat nominee among likely voters by a margin of three percentage points, 48 percent to 45 percent. While the margin is small, it bodes well for Trump, who won the Buckeye State in 2016 on his way to the White House. The significance is even larger when taken in the context that no presidential candidate has won the general election without carrying Ohio since 1964.

Another Fox poll from Pennsylvania shows the race similarly tight, but with Biden holding a narrow five percentage point advantage. The survey found the former vice president leading Trump, 50 percent to 45 percent, among likely voters. Although the results are good for the Democrat nominee, there is some indication Biden’s support has slipped. In September, the same poll conducted by Fox had the former vice president leading the incumbent, 51 percent to 44 percent.

Similarly, a Fox poll released on Wednesday shows a close race in Wisconsin. The poll also showed Biden leading Trump by five percentage points, 49 percent to 44 percent–a three-point drop from when Fox last surveyed the state at the end of August.

Even though the polls show Biden leading, there is some indication the former vice president’s base of support is weak. In all three states, Republicans have narrowed the Democrats’ voter registration advantage in the last three years.

Much of the GOP’s success both in voter registration and electorally seems to be coming at the expense of Democrats, as exhibited in Pennsylvania. In 2016, Democrats accounted for 49 percent of the Keystone State’s electorate. Today, they only account for 47 percent. The defections have been most noticeable in western and northeastern Pennsylvania, where Trump’s populist appeal appears to be fomenting a political realignment.

Although a New York City real estate developer by trade, the president has fashioned himself over the past four years as a champion of the working man. Trump’s populist stands on immigration and jobs, coupled with strong support for the Second Amendment, have been met with tremendous approval by blue-collar and working-class voters, not only in Pennsylvania, but across much of the country as a whole.

In 2016, voters without a college degree backed Trump over Clinton by a margin of 52 percent to 44 percent. The split was even more decisive among non-college-educated whites, who broke for Trump by the largest margin since 1980—67 percent to 28 percent. Even though their numbers are decreasing nationally, non-college-educated white voters remain a sizable portion of the electorate throughout Pennsylvania, as well as in states like Ohio and Wisconsin.

Similarly, Trump’s championing of American manufacturing, as well as his opposition to free trade, struck a chord with not only blue-collar workers, but with union members as well. In 2016, Trump did better among union members than any Republican since Ronald Reagan, losing the demographic to Clinton by only eight points.

Since entering the White House, Trump’s appeal to union members appears to have not diminished. Internal polling from North America’s Building Trades Unions, publicized by Politico in September, found Trump behind former Vice President Joe Biden by one percentage point (47 percent to 48 percent) among the union’s members in six key swing states.