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:

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:

Mark Levin agrees:

Now, some on law Twitter are claiming if Justice Alito does refer the case to SCOTUS it would be a “punt”:

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

And now we wait.

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