The Trump campaign is going to the Supreme Court, asking it to intervene in a pending case challenging a Pennsylvania Supreme Court decision that allowed ballots to be counted after Election Day.
The justices refused to expedite the appeal before the election, but they are still considering whether to take up the case.
“The time has come. Given last night’s results, the vote in Pennsylvania may well determine the next President of the United States,” Jay Sekulow, a lawyer for the President, said in the new filing.
“And this Court, not the Pennsylvania Supreme Court, should have the final say on the relevant and dispositive legal questions,” he said.
Some context: The President is laying the groundwork to challenge the election results in Pennsylvania at the United States Supreme Court.
His attorneys filed a petition with the Supreme Court to insert the President personally as a party to the lawsuit that is currently pending.
The case involves a challenge to Pennsylvania’s mail-in ballot deadline extension — the Pennsylvania Supreme Court is allowing for mail-in ballots to be accepted through Friday at 5 p.m. ET, including ballots without a legible postmark.
The Supreme Court deadlocked 4-4 in October, allowing the Pennsylvania Supreme Court ruling to stand, and did not grant an expedited review of the case in the days before the election. However, the Supreme Court is still deciding whether to take up the underlying case.
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