The Supreme Court on Monday declined to take up a Pennsylvania voting dispute more than five months after the 2020 presidential election.
The decision, which was released in an unsigned order, turned away an appeal from several Pennsylvania Republicans seeking to challenge voting rules put in place prior to the 2020 election. The Supreme Court directed a lower court to declare the case moot.
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The decision is the court’s latest swipe at the deluge of election litigation that came before it after former President Donald Trump and his allies denied President Joe Biden’s win. Most of the cases were dismissed by the end of February, but in this case, the court had called for additional material that was not available until the end of March.
The case concerned whether the Pennsylvania Supreme Court usurped the Pennsylvania General Assembly’s authority in allowing greater access to early and mail-in voting throughout the state. That issue became of paramount concern for Republicans after many believed that Biden had unfairly benefited from expanded mail-in voting measures put in place because of the coronavirus pandemic.
The court rejected the last of the major election cases in early March. At the time, Justice Clarence Thomas wrote a rebuke of colleagues, warning that by refusing to look at the issue, the court risked allowing confusion in future elections.
“These cases provide us with an ideal opportunity to address just what authority non-legislative officials have to set election rules, and to do so well before the next election cycle,” Thomas wrote. “The refusal to do so is inexplicable.”
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Thomas wrote that although the cases were no longer timely, the issues will remain relevant in any future election. Thomas added that because courts are ill-equipped to handle disputes that arise immediately after elections, the court should use these cases to make clear how future elections must be conducted before they happen.
“By doing nothing, we invite further confusion and erosion of voter confidence,” he wrote.