Alito has not been individually involved in anything regarding the validity of Act 77.
He did, as I explained last week about SCOTUS justices and temporary emergency relief, issue an order requiring Pennsylvania to segregate absentee ballots from all other ballots. That was done the weekend following election day. Pennsylvania was already segregating those ballots. Alito's order was issued at the request of the Pennsylvania Republican party. At that time, and as we sit here this morning on November 30th, a cert petition was and is pending asking the court to consider whether to take up the question whether the Pennsylvania Supreme Court's extension of the deadline to receive and count mail-in ballots violated the United States constitution's provision that state legislators direct the selection of electors and the time place and manner for congressional elections.
It is quite clear that the only ballots to be disputed in all of this are the ones mailed in and received after election day. Only 10,000, maybe a few more, were received after election day. All other mail-in ballots were received on or before election day. Pennsylvania's cast 2.6 million mail in ballots in this election cycle.
Nothing about the way the deadline was extended had any real impact on the outcome of Pennsylvania's vote count for President. In other words, even if cert is granted on the petition that was filed before the election then the only relief available is to invalidate votes received after election day and there are simply nowhere near enough to make a difference.
1. Alito has made no ruling on any part of the substantive case, and his temporary limited involvement was only to make sure that Pennsylvania segregated mail and balance, which they had already done prior to his order
2. The case before the SCOTUS now has nothing to do with whether Act 77 is constitutional. It only asks the United States Supreme Court to invalidate the count of mail-in ballots received after election day and the only reason it asks that is because the Pennsylvania Supreme Court extended that deadline in a way that the petitioners argue violated the authority of state legislatures to direct the manner of choosing Electors for president under the United States constitution.
3. Only roughly 10, 000 mail in ballots were received after election day in Pennsylvania.
4. Even if the court grants certiorari and rules with the petitioners the only remedy available would be to set aside the 10,000 mail-in ballots received after election day.