Supreme Court Justice Samuel Alito has moved up a hearing on the Pennsylvania election case to Tuesday to rule before the state can certify its results.
Alito on Sunday said he will hear arguments on Tuesday not Wednesday because the latter date would be outside the “safe harbor” window which requires by Pennsylvania law that 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.”
Originally, Alito set a Wednesday deadline for the state to respond to Republican Rep. Mike Kelly’s lawsuit alleging that a 2019 state election reform, known as Act 77, violates both the state and federal constitutions by creating a so-called “no-excuse mail-in” voting regime.
The change of date for the hearing suggests that the High Court will intervene before Pennsylvania can lock in the choices of Electoral College delegates. Alito is the Supreme Court justice to oversee Pennsylvania’s election results.
The hearing is scheduled for 9am Tuesday.