Supreme Court Justice Samuel Alito has moved up the deadline for Pennsylvania officials to file response briefs in the lawsuit brought by Trump ally Rep. Mike Kelly.
The Pennsylvania state Supreme Court has rejected the case, prompting Kelly to take the case to the SCOTUS.
Per Josh Gerstein:
UPDATE: Justice Alito has just moved response deadline up from Wednesday at 4pm to Tuesday at 9am on @MikeKellyPA emergency application seeking to have #SCOTUS declare that PA mail-in ballot system adopted by legislature violated the state constitution.
Critics called the arguments contorted and said #SCOTUS was deep-sixing it by pushing timeline past Tuesday’s safe-harbor deadline to certify electors. It may be dumb, but now not yet moot
According to Law and Crime ” The change is critical. Pennsylvania’s members of the electoral college are due to meet at noon on Dec. 14th in Harrisburg to cast their votes for president. As Law&Crime has previously reported, and as Kelly’s arguments point out, 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’s original Dec. 9th deadline failed to take that window into account. His new deadline does.”