Pennsylvania Republicans Say Supreme Court Could Yet Upend Vote

Pennsylvania Republicans who sued to block additional steps to certify the state’s election results claim there’s a “reasonable possibility” the U.S. Supreme Court will take up their long-shot appeal and a “fair prospect” the justices will rule in their favor.

Republican plaintiffs led by U.S. Representative Mike Kelly on Wednesday asked the Pennsylvania Supreme Court to grant an emergency delay of its ruling allowing state officials to complete their certification of results in favor of President-elect Joe Biden and other candidates. They said the status quo needed to be preserved while they try to appeal their case to the U.S. Supreme Court.

Though President Donald Trump has often mused that the Supreme Court and its 6-3 conservative majority could deliver the election to him, legal experts doubt the court will get involved in any election disputes, especially since Biden’s electoral vote lead is large enough that no one case would change the results.

Pennsylvania has argued that certification of Biden’s victory over Trump is complete, but the plaintiffs claim there are several steps that remain. The Electoral College vote to certify the presidential election results doesn’t take place until Dec. 14.

The lawsuit claimed that a 2019 expansion of mail-in voting in the state was illegal under the state constitution. A Pittsburgh judge initially granted them an injunction, but the state supreme court overturned that decision and threw the case out on Saturday.

The case is Kelly v. Commonwealth, Pennsylvania Supreme Court, 68-MAP-2020.

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