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U.S. Supreme Court Denies PA Republicans Appeal On Ballots

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On Monday, the U.S. Supreme Court refused to hear Pennsylvania Republicans’ months-long dispute over an extended deadline for receiving mail-in ballots, saying it was moot. However, Justices Clarence Thomas, Samuel Alito, and Neil Gorsuch objected in a pair of dissents, saying the case raised concerns that should be decided before the next election, including whether state courts can override legislators in setting election rules. There is no suggestion that Justice Barrett recused herself in consideration of the merits of these cases. Justice Thomas wrote:

“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. The refusal to do so is inexplicable.”

The Supreme Court majority said the Republican Party of Pennsylvania’s case against the state over the Supreme Court of Pennsylvania’s three-day extension to the deadline for ballots mailed on Election Day to arrive and be counted was moot because the 2020 election was over. They went on to say there were not enough ballots that arrived within that window—which had been set aside and not included in official results, per an earlier order from Justice Alito—to overthrow President Joe Biden’s win in Pennsylvania. Justice Thomas wrote, “That decision to rewrite the rules seems to have affected too few ballots to change the outcome of any federal election. But that may not be the case in the future.”

It is astounding that SCOTUS was unwilling to hear arguments in a case that called on our nation’s highest court to require states to follow their own constitutions. My statement on the decision in Kelly v. Commonwealth of Pennsylvania ➡ https://t.co/HKhIlBxqyK

— Rep.

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