Ohioans’ right to vote on the final three days before the Nov. 6 election may be decided by the U.S. Supreme Court.

Judges from both a U.S. District Court and the Sixth Circuit Court of Appeals have upheld that right in the past month, but Ohio Secretary of State Jon Husted said Tuesday that he will appeal to the U.S. Supreme Court.

“This is an unprecedented intrusion by the federal courts into how states run elections and because of its impact on all 50 states as to who and how elections will be run in America we are asking the Supreme Court to step in and allow Ohioans to run Ohio elections,” Husted said in a statement.

Ohioans were allowed to vote on the Saturday, Sunday and Monday before the election in 2008, and tens of thousands of people did so. But a law passed by the Ohio legislature in 2011 set the end of early voting at 6 p.m. on the Friday prior to Election Day.

The Obama campaign challenged that law on Constitutional grounds, leading to the flurry of legal rulings.