MARK LEVIN (HOST): And so my advice to the legislators in the Republican legislature in Pennsylvania is to pass a resolution but don't send it to the governor. Because the Federal Constitution trumps whatever that state law is -- in terms of a governor signing a resolution. They have to have the guts to do this. "Well, Mark, they're running out of time" -- they're not running out of anything.
In the end, this may wind up again in the Supreme Court and the legislature's asserting itself and the legislature's saying, "No. I am a delegate in the Pennsylvania legislature, I am a -- a state senator in the Pennsylvania legislature. I have an obligation to the Federal Constitution under Article II. I am obliged by that Federal Constitution under Article II, to say no to our Supreme Court -- that it doesn't get to choose how we choose electors. The Federal Constitution is specific, it's the state legislature. So four Justices out of seven don't get to change that. Moreover, if the state law requires the signature of a governor in a joint resolution of the state delegates and the state senators -- that is the bicameral house of the state legislature of Virginia -- of Pennsylvania -- then we are not going to -- we are not going to follow that process. We are going to pass a resolution and we are going to send it to the governor and send it to the Supreme Court of Pennsylvania not for their affirmation, not for their signature, not for their assent, we're giving them notice. And we're going to send that to all the counties in the state, that they must comply with the existing law." That's what the state legislature in Pennsylvania has to do, or we'll continue to have judicial tyranny in some of these states.