Republicans attempting to undo President-elect Joe Biden’s victory in Pennsylvania asked the U.S. Supreme Court on Tuesday to take up their lawsuit, three days after it was thrown out by the highest court in the battleground state.
In the request to the U.S. Supreme Court, Republican U.S. Rep. Mike Kelly of northwestern Pennsylvania and the other plaintiffs are asking the court to prevent the state from certifying any contests from the Nov. 3 election, and undo any certifications already made, such as Biden’s victory.
They maintain that Pennsylvania’s expansive vote-by-mail law is unconstitutional because it required a constitutional amendment to authorize its provisions.
Biden beat President Donald Trump by more than 80,000 votes in Pennsylvania, a state Trump had won in 2016.
Pennsylvania’s Supreme Court on Saturday night threw out the lawsuit, including an order by a lower court judge blocking the certification of any uncertified races.
Justices cited the law’s 180-day time limit on filing legal challenges to its provisions, as well as the staggering demand that an entire election be overturned retroactively.
In the state’s courts, Kelly and the other Republican plaintiffs had sought to either throw out the 2.5 million mail-in ballots submitted under the law — most of them by Democrats — or to wipe out the election results and direct the state’s Republican-controlled Legislature to pick Pennsylvania’s presidential electors.