So, SCOTUS will hear the Pennsylvania case after all:
Justice Alito has asked PA officials to file a response, due Dec 9
— Lawrence Hurley (@lawrencehurley) December 4, 2020
This is the lawsuit brought by Rep. Mike Kelly and Sean Parnell that was just dismissed by the Pennsylvania Supreme Court:
This case, brought by GOP congressman Mike Kelly and other Republicans in PA, claims that the expansion of absentee voting in the state was unlawful. They are asking SCOTUS to prevent any other steps being taken to certify the result, to the extent it hasn't been already
— Lawrence Hurley (@lawrencehurley) December 4, 2020
More on that here:
In its second unanimous ruling against U.S. Rep. Mike Kelly in five days, the Pennsylvania Supreme Court denied his request to stay its Saturday order that dismissed his lawsuit.
— Pittsburgh Post-Gazette (@PittsburghPG) December 3, 2020
Via BuzzFeed’s Zoe Tilman, “At this point, they’re asking for an injunction to stop PA state officials from doing anything to make Biden’s win official, and if it’s already happened, to nullify it — an extremely big ask, to say the least”:
At this point, they're asking for an injunction to stop PA state officials from doing anything to make Biden's win official, and if it's already happened, to nullify it — an extremely big ask, to say the least. PA certified the results and the gov. signed the certificate on 11/24 pic.twitter.com/dgk3fHweOY
— Zoe Tillman (@ZoeTillman) December 4, 2020
Of note, Justice Alito asked for responses by December 9 which is *AFTER* the safe-harbor deadline:
Pennsylvania has already certified its electors, and the timing of Alito’s order means #SCOTUS wouldn’t even be able to act on this nonsense before the federal safe-harbor deadline—which is December 8.
Pretty clever of Justice Alito—and also a clear sign that this has no chance. https://t.co/PF00YtrjNv
— Steve Vladeck (@steve_vladeck) December 4, 2020
It sure doesn’t sound like they’re in any rush to have this case matter:
See Prof. Vladeck on scheduling gamesmanship by Alito. On a normal briefing schedule, all papers will be in by Dec. 10, just four days before the EC votes on Dec. 14. Double mootness? Triple? #SCOTUS https://t.co/NttxWWETaA
— Kevin Daley ? (@KevinDaleyDC) December 4, 2020
The Lieutenant Gov. of Pennsylvania, John Fetterman, responded to the news with a “Simpsons” GIF:
“However, in a sign that the case is likely too late to affect the election, Justice Samuel Alito ordered the state’s lawyers to respond by Dec. 9, a day after what is known as the safe harbor deadline.” https://t.co/QdrP6UsaP7 pic.twitter.com/OsbvdFms1S
— John Fetterman (@JohnFetterman) December 4, 2020
Even worse, he’s comparing Pennsylvania Republicans to the New York Jets:
At this point, it wouldn’t be unreasonable to conclude that they actually enjoy losing in public.
Like the Jets only sadder.
— John Fetterman (@JohnFetterman) December 4, 2020
For comparison purposes, SCOTUS DID move faster in 2000 in Bush v. Gore:
The response in Kelly's case is due in six days, which means any action by the justices will take even longer. SCOTUS can move way faster if it wants to: Bush v. Gore came up on 12/8/00, argued 12/11/00, decided 12/12/00 — in time to meet the federal safe harbor deadline
— Zoe Tillman (@ZoeTillman) December 4, 2020
Justice Alito could have “ordered a response before the deadline” if he had wanted to:
It's possible (anything is possible) SCOTUS could still blow up the PA election, but doing it after the safe harbor deadline makes things more complicated. So it's fair to take this as a sign that it's at least less likely than if Alito had ordered a response before the deadline
— Zoe Tillman (@ZoeTillman) December 4, 2020
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