Did Justice Alito Just Signal It’s Too Late for Emergency Appeal to Stop PA from Certifying Election?

Pennsylvania Republicans have asked Supreme Court Justice Samuel Alito to intervene and put a stop to Democratic officials’ efforts to certify the Commonwealth’s election results or name electors for Joe Biden. 

US Rep. Mike Kelly, Republican congressional candidate Sean Parnell and four others filed an Emergency Application for a Writ of Injunction from Alito since he handles emergency appeals from Pennsylvania. 

Alito does have the authority under Supreme Court rules to issue an emergency injunction, and then refer the case to the entire Supreme Court. He has been outspoken about the election process in Pennsylvania, including the actions of the state’s Supreme Court before and after the election. 

Alito has ordered the state’s lawyers to respond to him by Dec. 9, but that could be a sign that the case would be too late to affect the election. That’s because Dec. 8 is what’s known as the safe harbor deadline. That deadline prevents Congress from challenging any electors after that point.

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The Pennsylvania Republicans argue that the commonwealth’s expansive vote-by-mail law is unconstitutional, saying it required a constitutional amendment. Pennsylvania’s Supreme Court threw out their case last Saturday, so they’re hoping for a federal review of their argument. 

Democrat Gov. Tom Wolf’s lawyers are trying to stop the GOP lawsuit, arguing it’s “highly unlikely” the Supreme Court will agree that the US Constitution supports the Republican claims.