Justice Samuel Alito has moved up the deadline for Pennsylvania to file briefs in Mike Kelly's lawsuit to 9 AM Tuesday. That means it is now prior to the Safe Harbor deadline.
Honestly I didn't know a deadline had been set so finding out it had been moved up was a bit of a surprise.
I don't like the sound of this although "experts" claim it doesn't necessarily mean anything. What it does do is give Alito a chance to intervene in a case that the SCOTUS shouldn't intervene in.
You'll excuse me but it does mean something. It means a lot. Even if the law was unconstitutional, you shouldn't disenfranchise 2.5 million voters who acted in good faith. That would be a total travesty of justice. So there's no reason to move up the date unless Alito is thinking that the court might actually be willing to do such an unthinkable thing.
People also really need to stop saying even if Biden loses the Pennsylvania (or Wisconsin or Georgia) electoral votes he still wins. The last thing we need is for a court to overturn the results of a certified election. That would open up one terrible Pandora's Box.
I also have this really bad feeling that once the first domino falls, it will be easier to find excuses to make two more fall and then Biden will lose the election.
If Alito grants the injunction then we have a big problem.
In the meantime the Trump campaign is questioning the legality of the votes in both Wisconsin and Georgia since Kelly's approach seems to be working so well in Pennsylvania.
So now we have three states whose elections are not being challenged due to fraud but due to claimed violations of state election law. If it works in Pennsylvania, then why not in Wisconsin and Georgia as well?
I'm sure it's just a coincidence that all three of these states have Republican legislatures.
The Safe Harbor isn't 100%. An electoral certification can be rejected if both houses of congress decide the certification wasn't properly done. I could make a case then that the SCOTUS should be able to make such a determination if congress fails to do the "right thing."
As long as the issues were evidentiary Trump had no chance. But now they have shifted to questions of law and that worries me a lot more.
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