Supreme Court weighs in on Pennsylvania ballot challenge in major setback for GOP

The Supreme Court on Friday upheld a state court ruling that allowed for the counting of certain provisional ballots, in a major setback for the state GOP and Republican National Committee just four days before the election.

The Republican National Committee and the state GOP filed an emergency appeal to the nation’s top court last week seeking to temporarily halt a Pennsylvania Supreme Court ruling that ordered the state to count voters whose provisional ballots had been incorrectly filled out or were missing an inner “secrecy” envelope. 

Attorneys for the Republican Party urged the Supreme Court to grant a full stay of the state’s decision, writing in a final reply brief submitted Thursday evening that such an order would “prevent multiple forms” of “irreparable harm” to the state. 

At a minimum, the court was urged to grant a “segregation order” to allow the ballots to be set aside and counted separately. 

“The actual provisional ballots contain no identifying information, only a vote,” the GOP’s lawyers wrote. “Once ballots are separated from their outer envelopes, there is no way to retroactively figure out were illegally cast. In other words, once the egg is scrambled, it cannot be unscrambled.”

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At issue is a lower court ruling in Butler County, Pa., where a local election board had disqualified provisional ballots cast by two residents in the 2024 primary election. That duo joined the Pennsylvania Democratic Party in a lawsuit that sought to have their votes counted, which ultimately was the outcome granted by a state Commonwealth Court and upheld last week by a 4-3 Pennsylvania Supreme Court majority.

The Pennsylvania Supreme Court noted in its ruling that provisional votes can be counted only after a person’s eligibility to vote and the rejection of their mail-in ballot are confirmed. 

“Counting Electors’ provisional ballots, when their mail ballots are void for failing to use a Secrecy Envelope, is a statutory right,” state Supreme Court Justice Christine Donohue wrote in the majority opinion, adding that the rule in question is “intended to alleviate potential disenfranchisement for eligible voters.”

In their response to the Supreme Court Wednesday, opponents argued that Republican plaintiffs had left out important case history in the state — primarily, that in the six years since Pennsylvania’s General Assembly had updated its voting law in 2019 to allow mail-in ballots, “most county boards of elections, and most Pennsylvania courts to consider the issue, have counted provisional ballots submitted by voters who had made a disqualifying mistake in attempting to complete their mail ballots.” 

In fact, Butler County was among the few counties that refused to count provisional ballots for votes that were lacking secrecy envelopes, until it became the subject of a lawsuit earlier this year by the two plaintiffs whose votes were not counted.

“Applicants, advancing a divergent interpretation of state law, the Pennsylvania Supreme Court to take the case and decide it before the 2024 General Election,” they wrote. “Last week the Pennsylvania Supreme Court did just that. That the RNC does not like the result is no reason for this Court to intervene on an emergency basis and disrupt the status quo on the eve of the election.” 

That was contested by Republican plaintiffs. In joining the state GOP in the lawsuit, lawyers for the Republican Party described the case as one of “paramount public importance, potentially affecting tens of thousands of votes in a state which many anticipate could be decisive in control of the U.S. Senate or even the 2024 presidential election.”

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The appeal comes as Republicans have filed nearly 100 election-related court challenges in recent weeks, legal challenges they say are aimed at preventing voter fraud through absentee and mail-in ballots. (Democrats, in return, have sought to position themselves as the party that supports free and fair elections, seizing on the Republican lawsuits as a means of disenfranchising voters.)

Many of the lawsuits have been filed in one of seven swing states considered pivotal for either candidate to win the presidency.

In Pennsylvania, the Republican Party’s decision to join a lawsuit over provisional ballots in the final days of the campaign is likely a strategic move, analysts said—a “placeholder” of sorts that allows them to cite a preexisting legal challenge in a swing state that they can point to in pushing for courts to act after an election.

It’s “absolutely” easier to get a court to involve itself in a case after an election if plaintiffs already have a legal challenge on the books, Andrew McCarthy, a former U.S. assistant attorney general for the Southern District of New York, told Fox News Digital in an interview.

In those cases, “you could at least look [judges] in the eye and say, ‘look. I’m not asking you to change the result of the election, I’m asking you to address the rules, which is what we tried to do before,’” McCarthy said.

This is especially important in Pennsylvania, the battleground state with the most electoral votes at stake in 2024. 

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It is unclear how many residents in Pennsylvania will be impacted by the provisional ballot ruling, and the Republican Party did not immediately respond to Fox News’ request for comment.

Estimates have been murky at best: A 2021 study conducted by the MIT Election Data and Science Lab estimated roughly 1.1% of mail-in ballots were not counted due to missing secrecy envelopes. Mail-in ballots in Pennsylvania have been lower so far in 2024 than 2020, when many relied on that process due to COVID-19 precautions.

More recently, New York University law professor Richard Pildes estimated that the case could affect between 400 and 4,000 ballots in the state – though his “back-of-the-napkin” math focused solely on naked ballots, and not others sent with incomplete information.

In a close race, the wave of recent court cases has led some observers to fear the lawsuits will either disenfranchise would-be voters, keep one or the other candidate’s supporters from participating in the election or sow doubt about the election results.

But analysts told Fox News they doubt that any of these lawsuits will have a protracted impact on the 2024 election, despite the additional scrutiny and media coverage. 

“In the five presidential elections I’ve covered, I don’t think any pre-election challenge had a huge impact,” George Washington University law professor Jonathan Turley told Fox News Digital in a recent interview.

“I think we’re going to have a lot of litigation, but I would be surprised if we have any jugular hits,” Turley said.

In a joint statement Friday night the Harris campaign and the Democratic National Committee praised the high court’s decision.

“In Pennsylvania and across the country, Trump and his allies are trying to make it harder for your vote to count, but our institutions are stronger than his shameful attacks,” they told Fox News Digital. 

“Today’s decision confirms that, for every eligible voter, the right to vote means the right to have your vote counted.”

Even liberals and Trump critics rip media’s ‘deceptive’ coverage of his Liz Cheney comments

The backlash the legacy media is facing over its coverage of former President Trump‘s recent comments about former Rep. Liz Cheney, R-Wyo., is going far beyond his supporters. 

At an event in Glendale, Arizona, Trump took a swipe at Cheney, who has been campaigning in support of Vice President Kamala Harris, for being a “radical war hawk.”

“I don’t blame [former Vice President Dick Cheney] for sticking with his daughter, but his daughter is a very dumb individual. Very dumb, she’s a radical war hawk. Let’s put her with a rifle standing there with nine barrels shooting at her, OK? Let’s see how she feels about it. You know, when the guns are trained on her face,” Trump said. “You know, they’re all war hawks when they’re sitting in Washington in the nice buildings saying ‘Oh gee well, let’s send 10,000 troops right into the mouth of the enemy.”

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Several news organizations twisted Trump’s comments to suggest he was calling for Cheney’s “execution.” 

The New York Times ran the headline “Trump attacks Liz Cheney using violent war imagery.” The Washington Post published “Trump suggests ‘war hawk’ Liz Cheney should have guns ‘trained to her face.’” CNN’s headline went even further, reading “Trump says ‘war hawk’ Liz Cheney should be fired upon in escalation of violent rhetoric against his opponents.”

The Drudge Report went viral with its top of the page headline in bold red caps, “TRUMP CALLS FOR CHENEY’S EXECUTION.” 

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The sensational coverage happened on-air as well. 

“Former President Donald Trump is escalating his violent rhetoric, suggesting one of his most prominent critics, the former Congresswoman Liz Cheney, should be fired upon,” CNN anchor Kasie Hunt told viewers.

Hunt’s CNN colleague Jim Acosta grilled Rep Tim Burchett, R-Tenn., over Trump’s comments, saying, “When he says nine barrels shooting at her, that obviously evokes images of a firing squad. It evokes images of an execution, does it not?”

MSNBC’s Jonathan Lemire called it “the latest escalation of really dangerous, violent rhetoric,” while former New Jersey Gov. Chris Christie told “The View” co-hosts it “absolutely” was a threat to Cheney. 

Not everyone is buying the narrative, however. And not just Trump’s defenders. 

Critics of the former president across the political spectrum are calling out the media’s coverage. 

“Trump did NOT call for Liz Cheney to be executed,” former GOP congressman and anti-Trump critic Joe Walsh reacted on X. “Look, you know how I feel about Trump, and I’ve been out there every day for 2-3 months campaigning my ass off to help get @KamalaHarris elected, but this short clip is so deceptive. Trump is NOT calling for Liz Cheney to be executed in front of a firing line. He’s not. Listen to the entirety of what he said.”

“He’s an utterly horrible human being who’s utterly unfit for office, but the truth should always matter. And the truth is that Trump is not calling for Liz Cheney to be executed,” Walsh added. 

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“Donald Trump did not call for the execution of Liz Cheney. That is a bald-faced lie,” The Young Turks’ Cenk Uygur wrote. “He was making a point about how she is a chickenhawk. But also, Trump shouldn’t talk about guns being ‘trained on her face,’ especially in a time where we’re worried about political violence.”

“This is a classic case of Trump saying something outrageous and the press bailing him out by being purposely misleading. You didn’t have to lie about it for the comment to be totally irresponsible. And when you do, you lose all credibility and no one believes anything you say,” Uygur continued. 

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“I don’t support Donald Trump but I also don’t support journalists lying to their audiences, and when he says (paraphrased) ‘these pro-war people wouldn’t be talking such a big game if they were on the front lines’ it is actually not the same thing as saying they should be shot,” The Free Press columnist Kat Rosenfield said.

“Folks, Trump didn’t threaten to execute Liz Cheney,” Vox correspondent Zack Beauchamp said. “He actually was calling her a chickenhawk, something liberals said about her for ages. Look at the context — Trump is talking about giving her a weapon. Typically, people put in front of firing squads aren’t armed.

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Political scientist Ian Bremmer blasted the Drudge Report’s headline, saying, “this is extraordinary irresponsibility, made worse only by the fact that it’s increasingly common across the political spectrum in the United States.

“The Trump ‘bloodbath’ comment and his latest on Liz Cheney have both been exaggerated and taken out of context all while the press imagines apostrophes to excuse Joe Biden. This is why trust in the press is collapsing and why Trump is on the verge of winning,” conservative radio host Erick Erickson pointed out.

“The corporate media has completely given up on even pretending to maintain a tiny pretense of non-partisan neutrality,” journalist Glenn Greenwald wrote. “Compare this WashPost ‘news article’ about what Trump said to what he actually said. This is why, as Bezos told them, nobody trusts them: deservedly so.”

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Lawmaker says intensely private community could help hand Trump swing state victory

Pennsylvania’s election is likely to go down to the wire Tuesday, meaning support from the commonwealth’s sizable, yet traditionally private Amish community might just make a difference.

The Amish-Mennonite community has long been a reliably conservative group, given its devout faith, humility and reluctance to engage with aspects of contemporary societal norms such as driving cars and using cellphones.

Rep. Lloyd Smucker, R-Pa., the first Amish-born member of Congress, said he’s seeing a real change lately.

“You have a minority of the Amish who are now farming and agricultural. They ran out of land in Lancaster County a long time ago. So, there’s a new generation of Amish who are business owners,” he said.

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“So, they’re becoming much more engaged politically than their parents were.”

A report from Elizabethtown College estimated 90,000 Amish live in Pennsylvania and 84,000 live in Ohio, in addition to sizeable populations in Indiana, Wisconsin, New York and Missouri.

Smucker said there were 1,500-2,000 new voter registrants in his district who are Amish, adding he expects thousands more to cast ballots this cycle.

Two former presidents — George W. Bush and Donald Trump — actively canvassed the community, which by and large doesn’t vote due to customs surrounding privacy.

Bush visited Smoketown during the 2004 campaign, meeting with Amish leaders without photographers out of respect of religious customs.

Excepting Democrat James Buchanan, a Greencastle native who maintained a residence in the city of Lancaster, Bush was the first president since George Washington to visit at least twice during his term.

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“We hate that abortion issue,” a farmer named Sam Stoltzfus told The Associated Press during Bush’s visit. “You could hold up a dead mouse with a sign ‘I love Bush,’ and we’d still probably think twice about stomping that mouse underfoot.” 

In contrast to Bush’s quiet visit, Trump held a raucous 2016 rally in Manheim. Men in traditional Amish garb were seen seated throughout the venue, cheering the mogul’s pitch and critiques of Hillary Clinton.

Of the criticism that Trump’s New York bombast isn’t a fit for humble Lancaster, Smucker said many Amish “love” Trump for his small-government platform.

With faith at the core of Amish life, they also appreciate Trump’s own focus on religious liberty. That focus, he said, also mirrors many other conservatives’ priorities outside Lancaster.

Smucker said while Bush and Trump have had most of the Amish attention, the Amish were very politically active in the 1950s when compulsory age-based education was an issue for youth who often returned to farming.

Today, Trump signs sit on some farms and occasionally on a horse and buggy clip-clopping down Old Philly Pike in Bird-in-Hand.

Many Fridays, Republican activist Scott Presler registered voters at the Green Dragon Farmers Market in Ephrata, where he told Fox News Digital the Amish he’s interacted with have been very fervent in their support of Trump.

In a tweet, Presler also pointed to Democratic officials who investigated Amish farmer Amos Miller over his raw milk sales. The case drew national attention from the likes of Rep. Thomas Massie, R-Ky., who called the litigation “shameful.”

Donald Trump Jr. also lambasted a raid on Miller’s property, saying he “can’t be the only person sick of this s—.”

Asked whether the government’s run-ins with Miller inspired new political enthusiasm, Smucker said other dairymen have found ways to comply with the law, but the intrusion into Miller’s business was not well taken.

“Yes, Amos Miller was a good case of that. But there are plenty of others that the Amish can point to as well,” he said.

The Amish first arrived from Germany in the 18th century, when many Germans landed in Philadelphia and initiated a diaspora throughout Pennsylvania.

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The Amish headed west toward Lancaster, while other “Pennsilfaanisch” headed northward to the Lehigh Valley, settling in places with ethnic names like Hamburg, Heidelberg, Neffs and Seisholtzville.

Today, Lancaster is a little less quiet than it’s traditionally been, with an explosion in tourism and new residents who are “English,” as the Amish refer to those outside their sect, since the turn of the century.

Smucker recounted being born the tenth of 12 in an Old Order family, the stricter of the sect, who wear plainclothes, speak “Pennsilfaanisch Deitsch” and drive buggies.

He suggested his own story illustrates how Amish values mesh well with conservative principles and those forwarded by Trump.

After completing Amish schooling, which ends around the ninth grade, Smucker took a nighttime job hanging drywall to fund private Christian school tuition to finish his studies.

“That was the deal,” he said of his time at Lancaster Mennonite School. 

He later purchased a fledgling business from a sibling for $1,000 and developed it into a regional leader in construction and commercial contracting.

“I talk about that as what we think of as the American dream,” he said.

“It doesn’t matter where you start. You know, if you work hard … play by the rules, you’re going to have a really great chance of getting ahead in this country of ours.

“It’s the idea of strong individual responsibility, a strong family unit and then a strong local community or local church. And when you have all of that in place, you don’t need a big government. And that’s exactly how the Amish look at that.”

Fox News Digital also reached out to the Lancaster County Democratic Committee for comment. 

Harris sends ‘mixed’ messages with two very different ads on the same topic

The Harris campaign is reportedly launching ads targeting Jewish and Arab-American voters with different messages regarding the ongoing war in the Middle East. 

A report from CNN on Friday put a spotlight on Facebook ads from Vice President Kamala Harris last month appealing to Jewish voters in Pennsylvania. 

“And let me be clear- I will always stand up for Israel’s right to defend itself,” Harris says in the Facebook ad, which had been taken from her DNC convention speech. “And I will always ensure Israel has the ability to defend itself because the people of Israel must never again face the horror that a terrorist organization called Hamas caused on October 7, including unspeakable sexual violence and the massacre of young people at a music festival.”

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After an edit, Harris adds, “And know this: I will never hesitate to take whatever action is necessary to defend our forces and our interests against Iran and Iran-backed terrorists.”  

But, as CNN noted, the ad removed portions of Harris’ speech acknowledging the “heartbreaking” “suffering” that has taken place in Gaza.

Meanwhile, the Harris campaign launched a separate ad, this one aimed at Arab-Americans in Michigan, expressing solidarity with civilians in Gaza.

“What has happened in Gaza over the past nine months is devastating,” Harris says in the ad. “We cannot allow ourselves to become numb to the suffering and I will not be silent.”

In another speech featured in the same ad,” Harris says, “Our common humanity compels us to act.” 

The video itself is captioned as “VP Harris has been working to end the suffering in Gaza.”

The Harris campaign did not immediately respond to Fox News Digital‘s request for comment.

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There has been a lot of attention in Michigan where Arab-Americans have expressed outrage over the Biden administration’s handling of the Middle East and have threatened to withhold their support for the Democratic ticket. Meanwhile, former President Trump is hoping to make inroads with that key voting bloc, recently making a campaign stop in the highly Muslim-populated Michigan city of Dearborn. 

Both campaigns are also vying to win over the significant Jewish population in the battleground state of Pennsylvania.

21-term Dem in race of her political life accused of hypocrisy as docs emerge

Democratic Rep. Marcy Kaptur, who has a long history of defending squatters’ rights and decrying foreclosure evictions during the 2008 recession, has filed eviction notices against multiple tenants of properties she owns.

One of those eviction petitions, filed in 2021 in Toledo municipal court, was against a tenant for “non-payment of rent,” and that same tenant faced another eviction from Kaptur in 2023 for failing to pay rent. 

That same tenant faced a possible eviction from Kaptur in 2024.

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Kaptur, running for her 22nd term in Congress, also filed an eviction petition against another tenant in 2024 for a noise complaint, animal complaint and for an unauthorized person living on the property.

All of the eviction filings were eventually withdrawn by Kaptur. 

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Kaptur’s eviction filings come with a backdrop of the congresswoman vocally speaking out against evictions during her time in Congress. 

During the COVID pandemic, Kaptur repeatedly pushed for the enactment and extension of eviction moratoriums to prevent landlords from removing tenants. In one letter Kaptur signed, she declared, “Keeping Americans affordably and stably housed during this pandemic is both a moral imperative and a public health necessity.”

Kaptur co-sponsored legislation, H.R. 6347, to establish an eviction moratorium until six months after the COVID-19 emergency declaration expired.

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“Possession is 99% of the law; you stay in your house.” Kaptur said on the floor of the House of Representatives in 2009 after the 2008 housing crisis. “So, I say to the American people, you be squatters in your own homes. Don’t you leave.”

In 2017, Kaptur slammed Trump Treasury Secretary nominee Steve Mnuchin for allegedly profiting from foreclosures and complained that “Mr. Mnuchin profited personally off of kicking people out of their homes.

“Does such a person actually deserve confirmation as secretary of the Treasury of the United States of America?” 

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Kaptur told homeowners in 2009, “You should stay in your home. It is your castle. It’s more than a piece of property. It’s your home.”

Fox News Digital reached out to Kaptur’s campaign for comment but did not receive a response.

“This proves what we’ve been saying about Marcy Kaptur all along. She is a hypocrite who changes her language just because she’s in a tight election for the first time in her 41-year career,” National Republican Congressional Committee spokesman Mike Marinella told Fox News Digital. 

“Marcy Kaptur should be ashamed of herself for profiting off kicking hardworking Ohioans out of their homes.”

Kaptur, serving her 21st term in Congress representing Ohio’s 9th Congressional District, is considered one of the most vulnerable Democrats in the House. While the Cook Political Report ranks her race as “Lean Democrat,” redistricting following the 2020 census has Republicans believing they can flip the seat and ensure control of the House.

Kaptur is opposed by GOP Ohio State Rep. Derek Merrin.

Elon Musk’s mom speaks directly to women after ditching Dems: ‘Don’t be brainwashed’

Maye Musk, the mother of billionaire entrepreneur Elon Musk, spoke to Fox News host Laura Ingraham on Friday, urging female voters to question how they’ve been “brainwashed” by the media. 

In a previous interview, the dietitian, model and author of “A Woman Makes a Plan” explained how she was a Democrat when she became a U.S. citizen “because they’re the good, kind people who care about America.” 

But on Friday, she explained the moment she changed sides.

“It would be when Elon bought Twitter, and then the Twitter Files came out, and it was full of government agencies paying Twitter millions of dollars to remove Republicans from Twitter,” she recalled. “And I said, ‘That is the most dishonest thing to do, especially as Republicans and Democrats pay the salaries of the government agencies.'”

“There was so much corruption in the Twitter Files that I was horrified, and I said I cannot be part of the Democratic Party because you cannot trust anything,” she added.

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Ingraham later asked Maye Musk her message to female voters as the election nears, noting “fear-mongering” among the media, particularly about former President Trump. 

Maye Musk responded that smart as one might be, anybody could find they have been “brainwashed” by biased media coverage.

“Well, you know, women are intelligent — and I thought I was, too. I have to say I was brainwashed, and so many women are brainwashed,” she warned. 

She summarized that her message to women would be: “Don’t be brainwashed, and think for yourself, and think for a better future.”

During one portion of the interview, Ingraham played a clip of Harris running mate Tim Walz condemning Elon Musk and asking what a billionaire like him knows about the hardships Americans face.

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“He isn’t a pleasant man, he’s not very bright, and he’s quite silly,” Maye Musk said of the Minnesota governor. “And Elon is going to save America with Trump and all the magnificent people on Trump’s team, and, you know, really do good things like he did for Tesla, for SpaceX, for Twitter, which is now X. He can make a change. It will be better for America.”

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Jennifer Lopez cries as she slams Trump days after avoiding Diddy questions

Jennifer Lopez got emotional on Thursday while endorsing Vice President Kamala Harris at a rally in Las Vegas, Nevada, just days after she was ambushed by a question about her ex Sean “Diddy” Combs at an autograph signing. 

“We should be emotional, we should be upset,” the “Second Act” star told the crowd at Harris’ rally Thursday night through tears. “We should be scared and outraged.” 

On Monday, Lopez was signing autographs for fans following a screening of her movie “Unstoppable” in Hollywood when someone asked her: “JLo, do you have any comments about Diddy and the allegations?”

Lopez, who was near the end of the line of fans, moved on to the elevator with her security team after the question.

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The star’s past relationship with Combs has come under scrutiny following the latter’s arrest on sex trafficking charges.

Combs and Lopez dated from 1999 until 2001, ultimately splitting due to his infidelity. 

While dating Lopez, Combs was acquitted on charges of bribery and illegal weapons. The case surrounded an incident at a nightclub where both Combs and Lopez were present.

This year, the music mogul was charged with racketeering conspiracy; sex trafficking by force, fraud or coercion; and transportation to engage in prostitution. He faces a minimum of 15 years behind bars and a maximum sentence of life in prison if found guilty.

Lopez, who is of Puerto Rican descent, recently came out in support of Harris after a comedian speaking at former President Trump’s Madison Square Garden rally last week called the U.S. territory a “floating island of garbage.”

Trump “has consistently worked to divide us. At Madison Square Garden he reminded us who he really is and how he really feels,” Lopez said at the rally. “It wasn’t just Puerto Ricans that were offended that day, okay? It was every Latino in this country. It was humanity and anyone of decent character.” 

The actress and pop star also faced criticism online as she cried while talking about the “floating island of garbage” comment as speculation about her relationship with Combs increases. 

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“@JLo The woman who was involved directly and watching @Diddy blackmail and sexually assault men, women and children is now weeping begging you to vote for Kamala. Disgusting,” one person wrote.