Supreme Court Justice Samuel Alito moved Sunday a key deadline for Pennsylvania officials to respond to a Republican lawsuit that seeks to change the state election’s result from Joe Biden to President Trump.
The deadline for Pennsylvania officials to respond was changed from Wednesday, Dec. 9 at 4 p.m. to Tuesday, Dec. 8 at 9 a.m., the day of the state’s safe harbor deadline.
The previous deadline meant that Congress could not change any of the electors set by the state after the date. This year, the Electoral College meets on Dec. 14 to cast its votes in the election, making the winner of the election the next president.
Many legal observers read Alito’s initial selection of Dec. 9 as a sign that the court had no intention of acting on the Kelly’s case in a way that would interfere with Pennsylvania awarding its 20 electoral votes to President-elect Joe Biden.
A few hours to act
The new deadline falls on the same day as the “safe harbor date” and now would give the court a few hours Tuesday to act on Kelly’s request if it chooses to do so, though Alito did not offer any explanation Sunday for the change in schedule.
You can read: Donald Trump loses appeal over Pennsylvania election case
Pennsylvania Republicans asked the Supreme Court to overturn the state’s 2019 law on mail-in voting, a legal effort led by Republican Representative Mike Kelly and Trump ally Sean Parnell. They argue that a state statute known as Act 77 violates the state and federal Constitution by allowing for “no-excuse mail-in” votes on a large scale.
The state’s Supreme Court shot down the lawsuit, prompting Republican officials to make an appeal to the Supreme Court. Greg Teufel, an attorney for the plaintiffs, told the Washington Examiner last week that the Pennsylvania high court “slammed the courthouse door shut before the election” and has now “slammed the courthouse door shut after the election.”
Texas Sen. Ted Cruz urged the Supreme Court to hear Kelly’s lawsuit, saying the case “raises serious legal issues.”