The US Supreme Court said on Wednesday that it will not fast track Republicans’ challenge to Pennsylvania’s extended deadline for absentee ballots.
The justices did leave open the possibility that they would ultimately rule in favor of Pennsylvania Republicans.
Justice Amy Coney Barrett, who was just sworn in, did not participate in Wednesday’s decision “because she has not had time to fully review the parties’ filings.”
Last week Supreme Court Chief Justice John Roberts joined with the three liberal justices on the court to allow Pennsylvania to count non-postmarked ballots three days after Election Day.
This is an invitation to election fraud.
Republicans are still fighting a decision made by the Pennsylvania Supreme Court that effectively extended the election until November 6th.
Last Friday Republicans renewed their challenge to the state’s Supreme Court ruling and asked the justices to resolve the dispute on an expedited schedule, prompting calls from Democrats for Amy Coney Barrett to recuse herself.
Republicans are challenging a decision by the Pennsylvania supreme court that extended the deadline for receiving absentee ballots by three days, to Nov. 6, in order for them to be counted. Previously ballots were required to be received by 8 p.m. on Election Day, which is Tuesday.
The court’s action means the question will not be resolved before the election. But if the justices rule in favor of Republicans, ballots received after Tuesday may ultimately be disqualified. Pennsylvania is one of the most hotly contested battleground states in the 2020 race between President Donald Trump and Democratic nominee Joe Biden.
An earlier challenge by the Republicans, which include the state party and lawmakers, was rejected by the Supreme Court on Oct. 19. The court deadlocked 4-4, with Chief Justice John Roberts siding with the court’s three liberals, Justices Stephen Breyer, Sonia Sotomayor and Elena Kagan. That tie vote left the state supreme court decision in place.
In a statement on Wednesday written by Justice Samuel Alito and joined by Justices Neil Gorsuch and Clarence Thomas, the three conservatives said the court’s handling of the matter “needlessly created conditions that could lead to serious post-election problems.”Alito wrote that it would be “highly desirable” to decide the case before the election, and that there is a “strong likelihood” that the Pennsylvania supreme court ruling violates the Constitution.
In the face of threats, Amy Coney Barrett has not even hinted that she will recuse herself from this matter.
There is some good news…
The Republicans also asked the Supreme Court to order Pennsylvania to separate ballots that are received after November 3rd.
Pennsylvania officials voluntarily complied and will segregate ballots received after election day as Republicans continue to fight in court.
POTUS secured a big victory when the PA Sec of State saw the writing on the wall and voluntarily complied with our injunction request, segregating ballots received after the legislature’s Nov 3 deadline to ensure they will not be counted until the U.S. Sup Ct rules.
— Justin Clark (@chefjclark) October 28, 2020
Justice Alito wrote that the GOP can ask the Supreme Court for relief “if, for some reason, it is not satisfied” with the assurance provided by the state related to ballot separation.
It is unclear when the US Supreme Court will make a decision on this matter.