The Supreme Court blocked Pennsylvania Republicans’ request to overturn the state’s high court’s decision requiring mail-in ballots sent by Election Day and received up to three days later to be counted.
This was the second filing Republicans made to the U.S. Supreme Court, arriving as Justice Amy Coney Barrett was confirmed to join the high court earlier this week. GOP lawmakers and party officials hoped Barrett, whose nomination swung the court to a 6-3 conservative majority, would help rule in their favor. Barrett recused herself from the case.
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“The motion to expedite consideration of the petition for a writ of certiorari is denied,” court documents said. “Justice Barrett took no part in the consideration or decision of this motion.”
SCOTUS denies PA GOP request for expedited consideration of their effort to restore the original PA ballot deadline, Nov. 3.
Barrett recuses.
But overall petition still active. https://t.co/wfXxfSRbkd— Jonathan Tamari (@JonathanTamari) October 28, 2020
The court voted 5-3 to reject the request, with the three most conservative members saying they would have preferred to issue a ruling prior to Election Day on Tuesday.
“I reluctantly conclude that there is simply not enough time at this late date to decide the question before the election,” Justice Samuel Alito wrote in a statement.
In order to expedite review of the case, a vote of five justices is needed. Wednesday’s decision does not foreclose the court from taking up the still-pending Republican request for a ruling on the merits.
Alito, with Justices Clarence Thomas and Neil Gorsuch, say there is still a chance the court could act soon enough to impact how votes are counted in Pennsylvania.
“Although the Court denies the motion to expedite, the petition for [appeal] remains before us, and if it is granted, the case can then be decided under a shortened schedule,” Alito wrote.
Republicans’ second request came less than a week after the Supreme Court left Pennsylvania’s mail-in ballot extension with a 4-4 tie, with the breaking vote falling largely on ideological lines. Chief Justice John Roberts joined the court’s three liberal justices in denying the request, while the court’s four most conservative justices indicated that they would have granted the request, according to a report from the Hill.
The court’s opposition means mail-in ballots in Pennsylvania will be counted as long as they are postmarked by Tuesday and are received by Nov. 6.
Pennsylvania is a critical swing state that may help shape the outcome of the presidential race. In 2016, President Trump narrowly won the state, flipping it red after years of Democratic dominance.
