I missed this development, and was wondering what was up with Alito. I wasn't alone. However, Shipwreckedcrew caught up with the procedural moves. It turns out that, like many others, the pro-Trump plaintiffs weren't aware that, per SCOTUS rules:
a party seeking a stay from the Supreme Court must first seek a Stay of the Order from the Court issuing the Order before an application for a stay to the US Supreme Court will be considered.
After a few gear shifts, Rep. Kelly requested the PA Supreme Court to stay the effect of its Order dismissing his case. Earlier today the PA Supreme Court obliged by denying that request. That should clear the path for Alito to take the application for a stay up.
There is no doubt that Justice Alito — and likely the entire Court — has been working on the response to the Emergency Application since shortly after it was filed. They did not delay their work waiting for the Penn. Supreme Court to act. We should have an answer from the Court sometime today or tonight.
As I said yesterday, there is no reason for Justice Alito or the Court to grant this Application if they do not intend to enter the litigation brawl that is currently being waged in several courts right now. But if the Court does grant the Application, and enjoins Pennsylvania from naming electors, the chances are very high that the Court intends to take up all the challenges over the next couple of weeks.