Update: Penn. Supreme Court Denies Request to Stay Its Order Dismissing Lawsuit Challenging Mail-In Balloting
By Shipwreckedcrew | Dec 03, 2020 2:45 PM ET
There have been some “procedural†developments over the past 24 hours in the matter of the Emergency Application to the Justice Alito for an injunction to prevent the naming of electors in Pennsylvania to the Electoral College.
As I covered in this lengthy story yesterday, Congressman Mike Kelly and others are seeking review in the US Supreme Court of the Order by the Penn. Supreme Court dismissing their lawsuit challenging the “no excuse†mail-in voting scheme adopted by the Pennsylvania legislature and State Executive. The lawsuit claimed that the State Defendants imposed this new voting scheme without going through the steps necessary to amend the Pennsylvania Constitution which establishes the manner by which elections for federal office are conducted.
The Application seeks to prevent the Order of the Penn. Supreme Court from going into effect — which clears the way for the naming of Pennsylvania’s electors for Joe Biden to the Electoral College. But, United States Supreme Court rules require that a party seeking a stay from the Supreme Court must first seek a Stay of the Order from the Court issuing the Order before an application for a stay to the US Supreme Court will be considered. Rule 23 of the Rules of the United States Supreme Court reads:
3. An application for a stay shall set out with particularity why the relief sought is not available from any other court or judge. Except in the most extraordinary circumstances, an application for a stay will not be entertained unless the relief requested was frst sought in the appropriate court or courts below or from a judge or judges thereof. An application for a stay shall identify the judgment sought to be reviewed and have appended thereto a copy of the order and opinion, if any, and a copy of the order, if any, of the court or judge below denying the relief sought, and shall set out specifc reasons why a stay is justifed.
more
https://redstate.com/shipwreckedcrew/2020/12/03/update-penn-supreme-court-denies-request-to-stay-order-dismissing-lawsuit-challenging-mail-in-balloting-n288809
