Justice Samuel Alito agreed on Thursday to review an appeal against the ruling of the Pennsylvania Supreme Court that tossed a suit alleging the state’s mail-in voting was unconstitutional.
Rep. Mike Kelly (R-PA) and other plaintiffs appealed to Alito to block Pennsylvania from certifying the battleground state’s electoral votes for Democratic nominee Joe Biden, according to The Associated Press. The plaintiffs argue that Pennsylvania’s mail-in voting was inherently unconstitutional because it required a constitutional amendment to be authorized.
Alito set Dec. 9 as the date for state officials to respond. That date is a day after the “safe harbor deadline.” After Dec. 8, Congress cannot challenge any electors named according to state law.