The Supreme Court will presumably rule that either:
- The invalid ballots can stand. Biden wins on the current vote counts.
- All the unconstitutional mail in ballots will be removed, and the states ordered to recount without them.
- The election is invalid due to mass voter fraud. Selection of the President thus gets sent to the House, where each state gets one vote and Trump will win.
U.S. Supreme Court Justice Samuel A. Alito Jr. issued a schedule for the case that appeared to foreclose any chance of the justices weighing in before the Electoral College vote had been finalized.
Alito, who handles emergency matters arising out of Pennsylvania for the court, gave state officials until Dec. 9 to file their reply — one day after the federal deadline for locking the state’s slate of electors in place.
Attorney Sidney Powell says there’s plenty of time for President Donald Trump’s legal team to overturn the results of the 2020 presidential election.
”With the fraud case, the Dec. 8 deadline doesn’t apply,” Powell said Friday during an appearance on Newsmax TV’s ”Stinchfield” in reference to the ”safe harbor” deadline that frees a state from further challenge if it resolves all disputes and certifies its voting results.
”We have at least until Dec. 14,” she said.
More commentary at Legal Insurrection.
UPDATE: Some video commentary from OAN:
UPDATE: Alito makes a critical change to the timing. Aaron Keller.
Supreme Court Justice Samuel Alito has asked Pennsylvania officials to file response briefs in a so-far-failed attempt by GOP Congressman Mike Kelly to flip Pennsylvania’s 2020 election results. Kelly, a loyal and longtime supporter of President Donald Trump, is asking the nation’s highest court to take up the same elections case the Pennsylvania Supreme Court summarily ejected with prejudice last weekend. Kelly’s 50-page application and 213-page appendix was submitted to Alito because he is the justice who oversees incoming matters from the Third Circuit, which includes Pennsylvania.
Though Alito originally called for response arguments from the Commonwealth to be filed by 4 p.m. on Wednesday, Dec. 9th, the case docket was changed Sunday morning to move that deadline up to Tuesday, Dec. 8, by 9 a.m. The change is critical.
Pennsylvania’s members of the electoral college are due to meet at noon on Dec. 14th in Harrisburg to cast their votes for president. As Law&Crime has previously reported, and as Kelly’s arguments point out, federal election law sets a so-called “safe harbor” deadline which requires controversies “concerning the appointment of all or any of the electors . . . by judicial or other methods or procedures” to be determined “at least six days before the time fixed for the meeting of the electors.” Alito’s original Dec. 9th deadline failed to take that window into account. His new deadline does.
This article has a good explanation of the various principles and laws involved.
hat-tip Kat H., Chris