During my round up of post-election news on December 21, 2020, I noted a new filing regarding Pennsylvania:

First, the Trump campaign has filed a Petition for A Writ of Certiorari, and related Motion for expedited consideration, with the U.S.Supreme Court. The Petition asks SCOTUS to overturn Pennsylvania Supreme Court decisions regarding election procedure. The case can’t change the outcome of the election, because even without PA, Biden still would have sufficient electoral college votes to win. It’s hard to say what SCOTUS will do because many of the procedural problems of prior suits are absent, but it’s also coming up on the January 6 congressional acceptance of the electors. I don’t know why this wasn’t brought weeks ago.

The court docket reflects that the response to the Petition is due January 22, 2021.

That is two days after the Inauguration.

Fox News notes this could make the case moot:

The justices this week set a reply deadline for Pennsylvania Secretary of State Kathy Boockvar and the other respondents named in the case of Jan. 22. The campaign had asked for the Supreme Court to order those on the other side of the litigation to respond by Wednesday and have reply briefs from the Trump campaign submitted by Thursday. It also asked the court to rule by Jan. 6. But the court did not oblige.

This means that by the time Boockvar and the others the Trump campaign is seeking to take to the Supreme Court even respond to the petition, President-elect Joe Biden will already be sworn in.

At that point, the court could simply decline to hear the case, saying it is moot or impossible for them to resolve at that point….

Which as Jonathan Turley notes, creates a near-impossibility:

Not a good sign when the Supreme Court extends the schedule for argument in the Pennsylvania election challenge beyond Inauguration Day. The reply is not due until Jan. 22nd. Inaugurations are like cats: it is hard to get either to walk backwards.


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