Ted Cruz wants SCOTUS to hear the emergency appeal on the Pennsylvania election challenge

Greg P. | 11:01 AM on December 02, 2020

Just to keep you updated on how things stand, Rep. Mike Kelly and Sean Parnell have asked Justice Alito to grant a temporary injunction ordering Pennsylvania to halt the certification pending their appeal:

Mike Kelly and Sean Parnell et al have asked Justice Alito for a temporary injunction in PA supreme court decision (via press release on e-mail). They want Alito to stay any certification pending application for cert. https://t.co/zoxvZROPF2

— Ed Morrissey (@EdMorrissey) December 1, 2020

From CBS local in Pittsburgh:

On Saturday night, the Pennsylvania Supreme Court said Kelly and Parnell were too late to claim that no-excuse mail-in voting was unconstitutional when so many people relied on it in this recent election.

Republicans Kelly and Parnell claim that Act 77, passed a year ago by the state’s Republican-controlled Legislature to allow no-excuse mail-in voting, violates the state Constitution.

That’s a state issue, but Kelly and Parnell assert federal issues of due process to get the U.S. Supreme Court to hear their appeal.

“While we believe that Act 77 is certainly a state issue, we so believe that there are very important federal questions nested within it,” Parnell told KDKA political editor Jon Delano on Monday.

And Sen. Ted Cruz is urging the Supreme Court to hear the case rather than let Justice Alito act alone in his capacity as a Circuit Justice:

Interesting choice for Justice Alito: He can deny the application in his capacity as Circuit Justice or he can order Pennsylvania to respond — and presumably then refer the matter to the full #SCOTUS.

The former would be a loud message to Team Trump; the latter would be a punt. https://t.co/lgzwAJP1qq

— Steve Vladeck (@steve_vladeck) December 1, 2020

But that’s not necessarily the case, as explained here in this thread from attorney Mike Dunford:

For the nonlawyers:
If you file an emergency application with one Justice and that Justice denies it, you can turn around and send it to another and another until you run out.

But if the full court denies it, it's dead.

— Mike Dunford (@questauthority) December 1, 2020

Also, I think there's some (considerable) room for doubt as to whether a single Justice can issue the relief sought – this isn't seeking a stay or to *preserve* the status quo; it's demanding major changes to it. pic.twitter.com/wWuhAOMTsQ

— Mike Dunford (@questauthority) December 1, 2020

There's no way Alito grants this in any form. He might deny it himself, but I suspect he may send it to the full court and let them deal with it. That will deal with it quicker.

— Mike Dunford (@questauthority) December 1, 2020

And now we wait.

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