Pennsylvania Election Lawyers Urge Supreme Court Justice Alito to Reject GOP Lawsuit

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Penn­syl­va­nia offi­cials on Tues­day filed a brief in a GOP appeal to the U.S. Supreme Court that con­tests the state’s elec­tion results.

Lawyers for Demo­c­ra­t­ic Gov. Tom Wolf’s admin­is­tra­tion said Rep. Mike Kel­ly (R‑Pa.), Repub­li­can can­di­date Sean Par­nell, and oth­er Repub­li­cans are attempt­ing to “under­take one of the most dra­mat­ic, dis­rup­tive invo­ca­tions of judi­cial pow­er in the his­to­ry of the Republic.”

“No court has ever issued an order nul­li­fy­ing the governor’s cer­ti­fi­ca­tion of pres­i­den­tial elec­tion results,” the lawyers added, argu­ing that it could set a prece­dent for the “judi­cial inval­i­da­tion” of a pres­i­den­tial elec­tion. Fur­ther­more, it would cre­ate a “loss of pub­lic trust in our con­sti­tu­tion­al order,” the lawyers quot­ed a Wis­con­sin court order as saying.

It came about two days after Supreme Court Asso­ciate Jus­tice Samuel Ali­to ordered Penn­syl­va­nia offi­cials, includ­ing Sec­re­tary of State Kathy Boockvar’s office, to respond to Kelly’s chal­lenge a day ear­li­er than pre­vi­ous­ly sched­uled, because Tues­day, Dec. 8 is the “safe har­bor” dead­line for electors.

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