Justice Alito sets Tuesday deadline for briefs in Pennsylvania lawsuit by Rep. Mike Kelly


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U.S. Supreme Court Associate Justice Samuel Alito. / Steve Petteway / U.S. Supreme Court

Supreme Court Justice Samuel Alito asked officials in Pennsylvania to file briefs by Tuesday at 9 a.m. in response to a lawsuit filed by Rep. Mike Kelly (R-Pa.) in a bid to overturn the state’s election results. …

The Tuesday, Dec. 8 deadline could be a signal that the Supreme Court takes up Kelly’s case, which was shot down by the Pennsylvania Supreme Court last weekend. Kelly has argued that the 2019 Pennsylvania law, Act 77, violates Pennsylvania’s state Constitution and the U.S. Constitution with its “no-excuse mail-in” voting provision. Kelly’s lawsuit was joined by GOP congressional candidate Sean Parnell and others.

Their lawsuit argued that the only way to increase mail-in voting was via a constitutional amendment, saying the Pennsylvania Legislature’s passage of the bill was illegal. They are seeking to have hundreds of thousands of ballots disqualified as a result, which would be more than enough to flip the result of the election in the state.


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