Justice Alito moves up deadline in congressman’s bid to flip Pennsylvania election results
U.S. Supreme Court Associate Justice Samuel A. Alito Jr. has just ordered Pennsylvania officials to respond to Rep. Mike Kelly’s election challenge a day earlier than previously scheduled, which will be on the same day known as the safe harbor deadline. Kelly’s 50-page application was submitted to Alito because he is the justice who oversees incoming matters from the Third Circuit, which includes Pennsylvania.
The U.S. Supreme Court is being asked to take up one of the Pennsylvania challenges and will likely be asked to consider Trump’s voter fraud claims in Wisconsin, Nevada, Georgia, and Michigan.
Alito originally called for response arguments from the Commonwealth to be filed by 4 p.m. on Wednesday, Dec. 9th. The case docket was changed Sunday morning to move that deadline up to Tuesday, Dec. 8, by 9 a.m. Pennsylvania’s members of the electoral college are due to meet at noon on Dec. 14th in Harrisburg to cast their votes for president. Federal election law sets a so-called “safe harbor” deadline which requires controversies “concerning the appointment of all or any of the electors… by judicial or other methods or procedures” to be determined “at least six days before the time fixed for the meeting of the electors.”
Alito moved Kelly’s case up 24 hours and wants state officials to respond by 9 a.m. on Tuesday. The updated hearing on Dec. 8 “would give the court a few hours” to act on the information received.
Kelly is a long time supporter of President Trump. He is actively seeking to have the Supreme Court throw out all the state’s mail-in ballots on the grounds that universal, no-excuses mail-in voting is unconstitutional and needs a constitutional amendment to authorize its provisions.
He 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.
A number of so-called experts are positing that there is no chance whatsoever that the court will grant relief on this particular petition.
If Kelly, a Republican from Butler, PA, were to prevail in getting the court to rule that more than 2.5 million mail-in ballots should be tossed, it would all but secure a victory for President Trump in the Keystone State because a vote would then be taken in the state’s Republican-controlled Legislature.
Pennsylvania: Alito Moves Up Response Date on Emergency Application To 12/8 "So what is this about? More mind-reading: It takes the “safe harbor” issue off the table if that were an impediment to SCOTUS issuing a substantive ruling." https://t.co/9qsMLM4jks via @LegInsurrection
— Tammy Bruce (@HeyTammyBruce) December 6, 2020
Justice Alito is the one who is tasked with handling these types of emergency requests from the state. Both Rudy Giuliani and Jenna Ellis, two attorneys on Trump’s legal team, retweeted a post from Fox News contributor Tammy Bruce that linked to an article in LegalInsurrection.com. She quoted the author of the article as stating, “So what is this about? More mind-reading: It takes the “safe harbor” issue off the table if that were an impediment to SCOTUS issuing a substantive ruling.”
Constitutional law scholar, Alan Dershowitz, has said that in Pennsylvania, the argument that the court usurped the legislature’s power could be a winning one with the Supreme Court for Republicans.