Posted on Tue Dec 8th 2020 6:09 pm by Amy Howe
The Supreme Court on Tuesday denied a motion by the Pennsylvania Republicans to prevent the state from confirming the results of the November 3 election for President-elect Joe Biden. Less than eight hours before the safe haven deadline for states to complete certification of their votes after the elections in the electoral college, the court issued a one-sentence order calling for Rep. Mike to intervene Kelly and others turned down ally from President Donald Trump. No dissidents were registered.
Kelly had challenged Pennsylvania’s expansion of postal voting as unconstitutional and petitioned a court order nullifying millions of ballot papers that had been mailed. The Pennsylvania Supreme Court ruled Nov. 28 that Kelly had waited too long to go to court – a legal doctrine known as Laches – because he didn’t file his appeal until after the election.
Judge Samuel Alito, who has primary responsibility for Pennsylvania emergencies, originally directed the state to respond on Wednesday, December 9th. However, this deadline was later postponed by one day. The change likely reflected a desire to work on the case before the end of Safe Haven on December 8 – the deadline in federal law by which states are required to resolve all election-related disputes.
In its Tuesday morning filing, Pennsylvania urged judges to reject Kelly’s motion, telling them that his allegations were “fundamentally frivolous” and would lead to “one of the most dramatic, disruptive incantations of justice in republic history.” ”
Just hours later, the court did just that. The ruling indicated that Alito – who could have responded to Kelly’s request himself – had passed the request to the court of law, which refused to stop certification.
Another Pennsylvania election case is pending with the judges: a challenge to a Pennsylvania Supreme Court ruling that extended the postal voting deadline to three days after election day. The Supreme Court declined to expedite the Pennsylvania Republicans’ petition to allow judges to consider the case before election day. The judges are likely to consider the case early next year.
Also on Tuesday, Texas filed a lawsuit against Pennsylvania and three other states in the Supreme Court in an attempt to improve those states’ election results.
This post was originally published on Howe on the Court.
Amy Howe, Judges won’t stop Pennsylvania from confirming the election for Biden.
SCOTUSblog (December 8, 2020, 6:09 pm), https://www.scotusblog.com/2020/12/justices-wont-stop-pennsylvania-from-certifying-election-for-biden/