After the Supreme Court rejected his lawsuit seeking to overturn Biden’s victory, Rep. Mike Kelly says it’s not over.

After the Supreme Court rejected his lawsuit seeking to overturn Biden's victory, Rep. Mike Kelly says it's not over.

After a one sentence rebuke from the Supreme Court on Tuesday, Rep. Mike Kelly says his fight to overturn the results of the presidential election in Pennsylvania isn’t over.

“So the setback today is that we were not granted a temporary injunctive relief,” Kelly told Fox News. “It does not mean that our lawsuit does not go forward. It means that the temporary injunctive relief, that part has been taken away. And it’s going to allow the state to go forward with appointing their electors. But in no way is this over.”

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Last month Rep. Kelly and other Pennsylvania Republicans filed a lawsuit seeking to invalidate the more than 2.5 million mail-in ballots cast in the state during the November 3 election.

The Pennsylvania Supreme Court tossed the suit saying, “the parties’ filings in Commonwealth Court, we hereby dismiss the petition for review with prejudice based upon Petitioners’ failure to file their facial constitutional challenge in a timely manner.” 

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On Tuesday, the Supreme Court allowed that decision to stand. They delivered a one sentence ruling: “The application for injunctive relief presented to Justice Alito and by him referred to the Court is denied.”