Pro-Trump Lawmakers Ask SCOTUS To Just Nullify Biden’s Pennsylvania Win

(Photo by Zach Gibson/Getty Images)

Anders Hagstrom White House Correspondent
Font Size:

Pro-Trump lawmakers have asked the Supreme Court of the United States to nullify Pennsylvania’s certification of President-Elect Joe Biden’s victory in the state, Bloomberg reported Tuesday evening.

The effort, led by pro-Trump Republican Pennsylvania Rep. Mike Kelly, maintains that the Pennsylvania General Assembly illegally adjusted mail-in ballot laws ahead of the 2020 election. Kelly’s argument is the same one that the Pennsylvania Supreme Court rejected on Saturday. The decision now rests with Justice Samuel Alito, who handles emergency requests relating to Pennsylvania, according to Bloomberg.

US President Donald Trump greets Rep. Mike Kelly and his wife Victoria upon arrival at Erie International Airport in Erie, Pennsylvania on October 10, 2018. (MANDEL NGAN/AFP via Getty Images) 

Alito can reject the request outright, refer it to the full court, or issue a temporary order on the issue, according to Bloomberg.

“The want of due diligence demonstrated in this matter is unmistakable,” the PA Supreme Court found on Saturday. “Petitioners filed this facial challenge to the mail-in voting statutory provisions more than one year after the enactment of Act 77.”

Kelly’s request is the second new pro-Trump legal action to be undertaken Tuesday. Trump’s campaign also filed another lawsuit in Wisconsin seeking the invalidation of more than 220,000 votes, saying the state had improperly counted mail-in ballots.

Trump’s legal challenges have been thrown out or withdrawn in Arizona, Georgia, Michigan and Nevada, and his remaining challenges are dwindling.

White House Press Secretary Kayleigh McEnany said prior to Thanksgiving that Trump would not concede the election until the Electoral College officially certifies Biden’s victory. The Electoral College holds its official vote on Dec. 14th, and the Trump campaign has until December 8th to finish any legal challenges.

Attorney General Bill Barr also told the Associated Press that the DOJ has not found evidence that voter fraud overturned the result of the 2020 election on Tuesday. He ordered the DOJ to probe any credible reports of election fraud more than three weeks ago.

“To date, we have not seen fraud on a scale that could have affected a different outcome in the election,” Barr told the AP. (RELATED: REPORT: Rudy Giuliani Has Discussed Receiving Preemptive Pardon With Trump)

Trump lawyer Rudy Giuliani was quick to push back on Barr’s statement, however.

“With all due respect to the Attorney General, there hasn’t been any semblance of a Department of Justice investigation,” Giuliani said. “We have gathered ample evidence of illegal voting in at least six states, which they have not examined. We have many witnesses swearing under oath they saw crimes being committed in connection with voter fraud. As far as we know, not a single one has been interviewed by the DOJ. The Justice Department also hasn’t audited any voting machines or used their subpoena powers to determine the truth.”