Sen. Ted Cruz (R-TX) said on Monday that if the Supreme Court takes up the election lawsuit out of Pennsylvania that he will present the oral argument to the nation’s highest court.
“Petitioner’s legal team has asked me whether I would be willing to argue the case before the Supreme Court, if the Court grants certiorari,” Cruz told Fox News. “I have agreed, and told them that, if the Court takes the appeal, I will stand ready to present the oral argument.”
“As I said last week, the bitter division and acrimony we see across the Nation needs resolution. I believe the Supreme Court has a responsibility to the American people to ensure, within its powers, that we are following the law and following the Constitution.”
If #SCOTUS grants cert in the PA election case, I have told the petitioners I will stand ready to present the oral argument.
Full statement below… pic.twitter.com/EnHxjqGR5K
— Ted Cruz (@tedcruz) December 7, 2020
The news comes after Supreme Court Justice Samuel Alito ordered Pennsylvania state officials to respond to Rep. Mike Kelly’s (R-PA) election challenge a day sooner than previously ordered, which forces them to do so before the “safe harbor” deadline, The Daily Wire previously reported. The safe harbor deadline is the date set by the federal government that the states choose their electors. Alito had previously ordered the officials to respond to Kelly by Wednesday, a day after the deadline, which many read as a signal that the Supreme Court had no intention of getting involved in the case.
“Kelly has argued that Pennsylvania lawmakers improperly expanded voting by mail in the state last year with a vote in the state legislature instead of submitting the change through the constitutional amendment process, which would have required a statewide ballot question, among other procedural steps,” The Philadelphia Inquirer reported. “But in throwing out his case Nov. 28, Pennsylvania’s Supreme Court said Kelly had waited far too long to file his legal challenge and noted it had only come after his favored candidate, Trump, had lost the election.”
As Solicitor General for the State of Texas and in private practice, Cruz “authored more than 80 U.S. Supreme Court briefs and argued 43 oral arguments, including nine before the U.S. Supreme Court,” his office said. “He also won an unprecedented series of landmark national victories that include his defense of U.S. sovereignty against the UN and the World Court in Medellin v. Texas, our Second Amendment right to keep and bear arms, the constitutionality of the Ten Commandments monument at the Texas State Capitol, and the words ‘under God’ in the Pledge of Allegiance.”
During an appearance on Fox News with host Sean Hannity, Cruz added, “We’re seeing across the country, lawsuits that are challenging voter fraud, that are challenging irregularities in the election, and in Pennsylvania this appeal to the Supreme Court raises very serious issues.”
“It raises pure issues of law,” Cruz continued. “And I believe the Supreme Court should choose to take the case and I think they should hear the appeal and as you noted, the legal reached out and asked if I would be willing to present the oral argument if the Court took the case and I told them I would be happy to because particularly at a time when this country is so divided, when people are so angry, I think we need a sense of resolution and we need the Supreme Court to step in and ensure that we’re following the Constitution and following the law.”
“Right now, it’s not healthy for our democracy what we’re seeing and in Pennsylvania the problem was made worse because the Pennsylvania Supreme Court is a partisan Democratic court that has issued multiple decisions that were just on their face contrary to law,” Cruz concluded. “And that’s not how elections are supposed to work.”
I believe #SCOTUS should choose to take the case and hear the appeal because we need the Supreme Court to step in and ensure we are following the Constitution and following the law. pic.twitter.com/BGvU4DceX5
— Ted Cruz (@tedcruz) December 8, 2020