The Supreme Court will not expedite a review of a ruling that allows Pennsylvania to receive votes up to 3 days after the election is over:
BREAKING: Supreme Court won't expedite Republican request to stop extended deadline for receiving mail-in ballots in Pennsylvania. New Justice Barrett did not participate
— Robert Barnes (@scotusreporter) October 28, 2020
Here’s more from CBS Pittsburgh:
The Supreme Court of the United States has rejected Republican requests to block extended ballots past Nov. 3 in Pennsylvania.
The Supreme Court will not expedite the request from state Republicans to end the extended deadline for receiving mail-in ballots. The court’s order on Wednesday left open the possibility that the justices could take up and decide after the voting whether a three-day extension to receive and count absentee ballots ordered by the state’s high court was proper.
New Justice Amy Coney Barrett did not participate “because of the need for a prompt resolution of it and because she has not had time to fully review the parties’ filings,” court spokeswoman Kathy Arberg said in an email.
The Republican party wanted the Supreme Court to quickly take up its case to block counties in Pennsylvania from counting mail-in ballots received up to three days after the upcoming Election Day on Nov. 3. The Republican Party filed the case last Friday after the justices were divided 4-4 on putting a hold on the extension.
Republicans have opposed such an extension, arguing that it violates federal law that sets Election Day as the first Tuesday after the first Monday in November.
But all isn’t lost. As the article suggests, the door is open to the high court reviewing this after the election on an expedited basis because certiorari wasn’t denied:
WOW: the Alito, Gorsuch & Thomas statement also indicates the PA petition could be re-considered AFTER the election and ballots could be thrown out THEN pic.twitter.com/HEheVs2VJF
— Steven Mazie (@stevenmazie) October 28, 2020
What Mazie is referring to is this portion of statement on the ruling by Gorsuch and Alito:
That does not mean, however, that the state court decision must escape our review. Although the Court denies the motion to expedite, the petition for certiorari remains before us, and if it is granted, the case can then be decided under a shortened schedule. In addition, the Court’s denial of the motion to expedite is not a denial of a request for this Court to order that ballots received after election day be segregated so that if the State Supreme Court’s decision is ultimately overturned, a targeted remedy will be available.
So maybe after the election this ridiculous ruling will still be thrown out and the president can still win.
Trump’s deputy campaign chief sees this as a huge victory:
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
If he’s right, then this court case is moot!