Over the weekend, Supreme Court Justice Samuel Alito moved up the timeline for Pennsylvania officials to respond to a lawsuit that argues the state's mass mail-in voting system, which was implemented for the first time during the 2020 election, is unconstitutional. If the system were to be found unconstitutional, the votes cast within it would be thrown out, essentially voiding the Pennsylvania election. The lawsuit was filed by Republican Congressman Mike Kelly and officials must respond by Tuesday, December 8, at 9 a.m.
"The difference of just a day is significant, given that the previous deadline of Wednesday fell one day after what is known as the 'safe harbor date,' the federal cutoff date for states to resolve any remaining election disputes and lock in their slate of electors for the Dec. 14 Electoral College vote," The Philadelphia Inquirer reports.
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.— Josh Gerstein (@joshgerstein) December 6, 2020
There is speculation growing about why Alito changed the date. Democrats have repeatedly argued the case has no merit, Republicans and many constitutional scholars disagree.
1. And so the endless surmising goes on. But why would Alito and/or the Court take up the Pennsylvania matter at all if the intention is simply to quickly deep-six it? I make no predictions, but it is a very solid and substantive case, regardless of what the Court might do.— Mark R. Levin (@marklevinshow) December 7, 2020
2. It raises serious constitutional issues. It is not a fraud case.https://t.co/Loo6ig3w0r— Mark R. Levin (@marklevinshow) December 7, 2020