SCOTUS Denies Emergency Injunction Request in Pennsylvania Case

The US Supreme Court on Tuesday denied a request for injunctive relief filed by Sen. Mike Kelly (R-Penn) calling on the court to review Pennsylvania votes cast in the 2020 election.

An order filed by the court Tuesday shows Kelly’s appeal was referred to SCOTUS by Justice Samuel Alito, however it was subsequently denied by the court. No dissent was noted.

Supreme Court order in full: pic.twitter.com/uZ17mTTSlG

— Lawrence Hurley (@lawrencehurley) December 8, 2020

Kelly’s case sought for the court to review the constitutionality of an election law expanding mail-in voting passed in Oct. 2019 by Governor Tom Wolf, a change which should have required an amendment to the state’s constitution.

The state, on the other hand, urged the court not to get involved, according to documents reviewed by SCOTUSBlog.com:

In its filing on Tuesday, Pennsylvania urged the justices to stay out of the dispute, telling them that Kelly was seeking “one of the most dramatic, disruptive invocations of judicial power in the history of the Republic.” Kelly’s claims are “fundamentally frivolous,” Pennsylvania asserted, were not raised or decided below and would ask the court to “constitutionalize huge swaths of state procedural law without any credible basis” to do so.

Legal pundits noted the court’s denial of the emergency request does not necessarily mean the challenge has been dismissed.

Meanwhile, SCOTUS agreed Tuesday to hear a case from lawmakers in Texas claiming the election outcomes in Georgia, Michigan, Pennsylvania, and Wisconsin violated the US Constitution.

“[P]erhaps this decision means there could be merit to that case?” notes The Right Scoop.

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