I had been flagging this case as a potential first U.S. Supreme Court test for the independent state legislature theory post-Moore v. Harper. But the PA Supreme Court rejected the case because the plaintiffs did not sue all of Pennsylvania’s 67 counties. So this case won’t make it to the U.S. Supreme Court.

Today’s order reversed the lower court order that would have had those ballots counted on grounds that failure to do so violated the state constitution.

From the dissent: “A prompt and definitive ruling on the constitutional question presented in this appeal is of paramount public importance inasmuch as it will affect the counting of ballots in the upcoming general election. Therefore, I would exercise this Court’s King Bench authority over the instant dispute and order that the matter be submitted on the briefs.”