Ken Starr, an attorney for President Donald Trump, speaks during the impeachment trial against Trump in the Senate at the U.S. Capitol in Washington, on Jan. 27, 2020. Senate Television via AP
Former independent counsel Ken Starr has described the Pennsylvania Supreme Court decision to allow late-arrival mail-in ballots as a “constitutional travesty,” saying that only the state legislature has the authority granted by the Constitution to set such terms.
Starr, a former circuit judge and former solicitor general of the United States, told Fox News’ “Life Liberty and Levin” that he believes the federal Supreme Court would now “do its duty.”
The federal Supreme Court last month declined a plea to suspend the decision by the state Supreme Court prior to the election and is currently considering a petition to review the merits of the case.
In total over 2.6 million mail-in and absentee ballots have been received in Pennsylvania at the time of writing—out of 6.5 million total votes tallied in the state. The ratio of Democrat to Republican votes in mail-in and absentee ballots is around three to one.
Starr said that the actions of the Pennsylvania court in allowing mail-in ballots that arrive after Election Day contradicted the demands of the Constitution which bestows only state legislatures with the right to set the terms for gifting their electoral college votes, not courts.
The Democratic Party filed a lawsuit against the Pennsylvania Secretary of the Commonwealth, and all 67 county boards after the state legislature rejected proposals by Gov. Tom Wolf on the processing of ballots. The Pennsylvania Supreme Court, which has a 5-2 Democratic majority, ruled on Sept. 17 in their favor, saying that election officials can accept all mail-in ballots, including absentee ballots, up to three days after the election.
Pennsylvania Gov. Tom Wolf speaks on stage during the Geisinger National Symposium in Danville, Penn., on Nov. 9, 2017. Lisa Lake/Getty Images for Geisinger Symposium
“What happened in Pennsylvania over these recent weeks is a constitutional travesty,” said Starr. “Governor Wolf tries to get his reforms, his vision—as he was entitled to do—through the legislature of the Commonwealth of Pennsylvania. He failed. He then goes to the state Supreme Court, which by a divided vote, accepted the substance of what Governor Wolf was doing, and then added thereon nooks and crannies as well.”
Starr was one of the lawyers to represent Trump during impeachment hearings. He also headed the Whitewater investigation into then-President Bill Clinton. Starr says that the words of the Constitution, “Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors,” make clear that only the state legislature can set such terms of the election.
Former independent counsel Ken Starr on May 8, 2014. Win McNamee/Getty Images
Simon Veazey
Freelance Reporter
Simon Veazey is a UK-based journalist who has reported for The Epoch Times since 2006 on various beats, from in-depth coverage of British and European politics to web-based writing on breaking news.
