Alito Moves Deadline For Supreme Court Briefing, Bringing Within ‘Safe Harbor’ Window

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.

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