Breaking: Without Noted Dissent, PA Supreme Court Won’t Grant Stay in Rep. Kelly’s Suit Seeking to Throw Out PA Election Results; Back to SCOTUS?

See the order here. My post from yesterday:

Rep. Kelly Has Apparently Withdrawn His Emergency Request for a SCOTUS Injunction to Reverse Pennsylvania Results, As He Awaits PA Supreme Court Ruling on Stay

From the opposition to the stay request filed in the PA Supreme Court:

Once again, Petitioners are asking the courts to take expedited action in response to an emergency of Petitioners’ own making. This Court dismissed the Petition for Review because Petitioners had waited far too long—until weeks after the second election carried out under Act 77—to bring it. Petitioners then submitted an Emergency Application for a Writ of Injunction to the U.S. Supreme Court on Tuesday, December 1, only to withdraw it the next day. Now, Petitioners return to this Court to ask it to address issues of federal law that Petitioners have never raised before. If Petitioners believed that this case raised issues of federal law, they had every opportunity to present those issues to the Commonwealth Court and to this Court. Nonetheless, in their voluminous filings, which included a 98-paragraph Complaint and more than 155 pages of briefing, Petitioners never once argued that the U.S. Constitution provides a basis for the relief Petitioners now seek. It is simply too late to invoke the U.S. Constitution now; they have waived their arguments. For this reason, and because the fatal flaws in Petitioners’ original case mean that the Supreme Court of the United States is highly unlikely to grant relief, this Court should deny Petitioners’ Application.

Presumably Rep. Kelly will refile at SCOTUS once this the PA Supreme Court denies a stay.

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