It might seem incongruent to “punish” the Nov. 2020 electorate on the basis that the same electorate’s rights were violated by the Legislature and state officials, but the fact of the matter is that all those officials acted in the name of the electorate because they were all put in the position by the electorate that sent them to office in the first place.
Basically, the Legislature and state officials are all “your rascals” so “you” — Pennsylvania — are responsible for the misdeeds they have committed in your name. The original misdeed in this instance was implementing Act 77 in violation of the State’s Constitution, and everything that came after that is tainted as a result.
As I said, preventing Pennsylvania from naming electors and being involved in the 2020 Electoral College, is the MOAB of all outcomes. But it does not put the Court in the position of “selecting” a winner in Pennsylvania, and it places responsibility where it belongs. It is then up to the People of Pennsylvania to decide how to respond to the Legislature and State Officials who caused the mess.
That would be a lesson the remaining 49 states could greatly benefit from.
