Justice Alito Denies Emergency Injunctive Relief in Pennsylvania Case But Leaves all to Guess as to Why – IOTW Report

Justice Alito Denies Emergency Injunctive Relief in Pennsylvania Case But Leaves all to Guess as to Why

Red State: Associate Justice Samuel Alito issued a one-sentence decision in deciding the outcome of the Emergency Application for Injunctive Relief in the case filed by GOP Congressman Mike Kelly against the State of Pennsylvania and various state officials.

“The application for injunctive relief presented to Justice Alito and by him referred to the Court is denied.”

It is hard to decipher why this would be the outcome — a perfunctory one-sentence Order — after he had given the State Defendants five days to file a Response to the Emergency Application.

What we can take from this Order is that no Justices disagreed with his decision.  Generally, when one or more Justices disagree they will write a “Statement” setting forth their views on why the Emergency Application should be granted. None did so in this case.

The other thing to take note of here is that the Plaintiffs have not yet filed a Petition for a Writ of Certiorari with the Court.  That is the document that actually requests that the Court review the decision of the Court which is being appealed. Emergency Applications like the one filed are used in an effort to preserve the status quo, and to prevent the lower court’s decision from taking effect while a Petition for review is being prepared, or after one is filed and pending.

One fact that is noteworthy from the Response filed earlier today by the State Defendants was that they attached to their filing as an Appendix the formal Certification of the Biden Electors that the Governor of Pennsylvania has already sent to Washington DC in advance of the meeting of the Electoral College.  The primary component of “injunctive” relief that was requested in the Emergency Application was to prevent the Governor from taking that step and/or by Order directing the Governor to “decertify” that step if it had already been taken. There’s more here

17 Comments on Justice Alito Denies Emergency Injunctive Relief in Pennsylvania Case But Leaves all to Guess as to Why

  1. After this reading my take away is that we wish you a merry Christmas and kindly fuck off. We all know the timeline, and it’s tight.

    Let’s all take a deep breath, enjoy the holidays, then return to ripping each other starting January 2. Have some ham, Turkey, roast beef, then resume the battle.

    Exception being your annoying leftist cousin. Whack him or her in the head and bury them in a field somewhere far away from your home. Then serve up the dinner.

    I kid.

    Kind of.

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  2. The irony of this law suit is that the Deep State used Covid as an excuse to change election law without notification to the State Legislatures, in violation of the Constitution. The suit claim these changes of law debased the votes of the citizens. This suit took precedence because it is a Constitutional issue. This is what the Trump administration wanted all along. Thank you to Justice Alito.

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