On Wednesday (October 28) the Supreme Court denied Republicans’ request to review and effectively ban mail-in ballot extensions in Pennsylvania and North Carolina.
The Pennsylvania state GOP had already unsuccessfully attempted to get the mail-in ballot due date extension thrown out.
The newly appointed Justice Amy Coney Barrett, who took her seat on the Court Tuesday (October 27) did not participate in the decisions.
Justice Samuel Alito wrote a statement verbalizing his and two other conservative colleagues’ disappointment of the Pennsylvania decision stating “I reluctantly conclude that there is simply not enough time at this late date to decide the question before the election.”
However, Justice Alito along with Justices Clarence Thomas and Neil Gorsuch kept open the possibility of the Court coming back to the matter in time to have an effect on how Pennsylvania ballots are counted, though some legal experts say this would be unlikely, per reporting by The Hill.
If the Supreme Court did take on the case, they would be essentially reviewing the constitutionality of the state-ordered rule to grant mail-ballots received up to three days after the election to be counted.
In North Carolina, state Republicans and President Trump’s campaign requested the Court reverse a 6-day extension for mail-in ballots. Unsuccessful, ballots in the battleground can be accepted up to November 12 thanks to a state court-ordered ruling in response to the pandemic.
The Supreme Court made its rulings in part because of the time constraint of the quickly-approaching Election Day next Tuesday (November 3). They also have to take into account states’ rights to enforce election regulations without interference from the federal government.
Elections officials across the country are urging voters to drop their mail-in ballots to drop boxes as soon as possible to avoid legal proceedings holding up the counting of their votes.
Photo: Getty Images