U.S. Rep. Mike Kelly (R-Ariz.) launched a case last month to try to overturn the results of the Pennsylvania election by unconstitutionalizing the Vote by Mail law, which has now been appealed to the U.S. Supreme Court.
Kelly told Newsmax on Wednesday (Dec. 9) that the lawsuit is not over, even though the case kicked the can down the road at the Supreme Court this week when a judge denied an emergency order. “All that’s happened is we didn’t get a temporary injunction (from the judge), but the case isn’t over,” he said.
The Supreme Court on Tuesday (Dec. 8) denied requests from Kelly and congressional candidate Sean Parnell, among others. The court order reads, “The petition for injunctive relief filed with Judge Alito (D) is denied by the judge.” The court offered no dissenting opinion.
In response, Kelly said all they can do now is petition the court to hear the case, and that’s what’s bound to happen.
“That’s what we’re asking the court to do, to hear the action on the merits. All we’re asking (judges to judge) is: constitutionality, unconstitutionality. And then make a decision after the fact and (tell us) what the conclusion is and what the remedy is.”
“That’s a huge expectation, by the way. We are in a national constitutional crisis and we have to get answers and we have to get them from the highest court in the land.” Kelly said.
Kelly’s attorney, Greg Teufel, told the Epoch Times that Kelly and the other plaintiffs will file a separate petition asking the court to expedite the case.
Kelly had filed an emergency injunction with the Supreme Court on Dec. 1, asking the court to prohibit the Pennsylvania governor and secretary of state from “taking official action to tabulate, count, vote, certify, or otherwise complete the certification of the final (results) of the election.” The Supreme Court denied the emergency injunction.
Kelly argued in the lawsuit that Act 77, passed by the Pennsylvania General Assembly last year, violates the state Constitution by expanding the use of mail-in ballots and allowing voters to vote by mail for “no reason.
Lawyers representing Democratic Gov. Tom Wolf’s administration are calling on the Supreme Court to dismiss Kelly’s lawsuit. “No court has ever issued an order invalidating a governor’s certification of presidential election results,” defense lawyers said. Lawyers argue that this could set a precedent for “judicial nullification” of elections.
Meanwhile, another lawsuit filed in the Supreme Court by Texas asks the court to block four states from participating in the Electoral College in light of partial violations and last-minute changes to voter laws in Pennsylvania, Joe, Wisconsin and Michigan.
At least 18 states have now joined the Texas lawsuit.
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