In a Christmas Eve statement, U.S. Rep. Mike Kelly, R-16th, expressed his gratitude for 28 members of Congress who filed an amicus curiae in support of his mail-in ballot lawsuit.

An amicus curiae is a brief that provides people who aren't involved with a case as a litigation party with an opportunity to provide their perspective to the court.

Among other things, this brief allows the court to consider perspectives that may not have been originally presented.

“I am honored that so many of my colleagues from Pennsylvania and across the country have joined our fight to protect the Pennsylvania Constitution,” Kelly said in the Christmas Eve statement. “Which states clearly how voters are to cast their votes in the commonwealth.”

Since winning a sixth congressional term in November, Kelly has been part of legal attempts to overturn 2020 presidential election results declaring Democrat Joe Biden the winner.

Kelly on Nov. 21 sued to have over 2 million mail-in ballots thrown out.

The lawsuit was based on the grounds that the state Legislature lacked authority to act alone in 2019 when it expanded acceptable remote voting guidelines through Act 77.

“If Gov. (Tom) Wolf and the Legislature wanted to create another method of voting, they should have amended the Pennsylvania Constitution,” Kelly said in the statement Christmas Eve.

The state Supreme Court threw out the suit on the grounds that Kelly and his fellow plaintiffs took too long to bring legal action.

Kelly went to the U.S. Supreme Court next. On Dec. 8, it rejected his bid for an emergency appeal on the election challenge.

Kelly and seven other Republicans filed a writ of certiorari days later, asking the U.S. Supreme Court to hear their argument that Act 77 is unconstitutional.

The U.S. Supreme Court hasn't announced if it's taking up the case.

“We're asking the Supreme Court of the United States to hear our case and require the Commonwealth to properly amend the Constitution if they want to create a mail-in voting system for future elections,” Kelly said.

The 1,700-word amicus curiae filed Wednesday for the writ of certiorari suggests Kelly shares the beliefs of several in the U.S. House of Representatives.

“Flouting the constitution adopted by its own people, Pennsylvania's General Assembly enacted Act 77, implementing no-excuse absentee and mail-in voting, under which last month's general election was held for the state's House seats and presidential electors,” the brief states. “Pennsylvania's Supreme Court has insulated Act 77 from any judicial scrutiny.”

The brief urges the U.S. Supreme Court to grant the writ of certiorari.

“Amici believe strongly that the additional cynicism and rot that Pennsylvania's actions will inflict on our national body politic if unchecked, warrant this Court's prompt review,” it states.

U.S. Representatives from Pennsylvania named in the brief are Republicans Glenn “GT” Thompson, John Joyce, Fred Keller, Dan Meuser, Scott Perry, Guy Reschenthaler and Lloyd Smucker.

Other Republican members of Congress joining in the amicus curiae represent Alabama, Arizona, Florida, Georgia, Louisiana, Maryland, North Carolina, Ohio, South Carolina, Tennessee, Texas and West Virginia.