Supreme Court won't expedite latest GOP challenge to Pennsylvania mail-in ballot rules

[George II]

Source: CNN

(CNN)The Supreme Court is leaving in place for now a Pennsylvania state Supreme Court decision that allowed the counting of ballots received up to three days after the election, even if there is no legible postmark.

The justices on Wednesday denied a request from Pennsylvania Republicans to review the decision on an accelerated basis.

Justice Amy Coney Barrett did not participate in the consideration of the motion. The order was issued with no noted dissents.

This story is breaking and will be updated.





Read more: https://www.cnn.com/2020/10/28/politics/supreme-court-pennsylvania-mail-in-deadline-barrett/index.html

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Updated from this Twitter report:

By a 5-3 vote, the Supreme Court has refused to stop Pennsylvania from counting ballots that are mailed by Election Day but arrive up to three days later. Alito dissents, joined by Thomas and Gorsuch. Read it:

https://www.supremecourt.gov/opinions/20pdf/20-542_i3dj.pdf

Link is Supreme Court Decision document

Just reported on Twitter, will update with news report from the media when available.

Link to tweet

This is BIG! And the decision was 5-3, would have won even if Barrett participated.

[samsingh]

1. this is big. It may have saved Democracy in the US

[Mike 03]

4. This seems big to me too, coupled with Chief Justice Roberts' statement

that the SCOTUS won't make election law.

But I'm not a lawyer or anything. But this seems very important.

[Ligyron]

16. I think the GOP/PTB want Trump out.

They see how he's turned most of America against them too by extension.

[DownriverDem]

18. Saw where

they reserved the right to revisit it. I heard this on ReidOut. Not sure if true.

[Squinch]

2. So isn't Kavenaugh directly contradicting his earlier decision? Not very bright, that boof boy.

[chuckperth]

7. Maybe

I aaw someone tweeted that Kava joined the majority, but left open the possibility votes could still be thrown out. I cannot download the whole opinion. If someone has this, please post.

[Dream Girl]

3. Now they will have to send in the armed "militia" to stop it.

[durablend]

17. That's what I'm afraid of

He'd send them into Philly under the guise of "returning law and order" in wake of the rioting.

[Firestorm49]

5. Yet what was there decision for WI? NO. Ballots postmarked before the election......

but not received until the day after can not be counted.

[honest.abe]

6. Wow. yes very good news!

So Roberts and Kavanaugh voted with us? Nice!

[Bengus81]

8. Aw shucks Trump...now what??

Send in the Proud Boys to shoot ballot counters?

If you ballot is in on election day it should be counted if it takes till the sun burns out. This is no different than being in a voting line before 7pm and told your vote will not count.

[Mike 03]

9. So Kavanaugh was with the majority?

I'm confused. Didn't he make a statement yesterday that suggested he favored meddling in these types of situations?

[Thekaspervote]

10. He did..and me too..very confused

[Polybius]

19. My only guess is he that realized he made a huge mistake

I’m probably wrong, but it’s all I could think of.

[FakeNoose]

11. Why would SCOTUS step in and overrule the PA Supreme Court ruling?

This is nothing more than Repukes whining because they lost in their own state court.

SCOTUS would be stupid and foolish to step in now. They'd be asking for every losing party in every state appellate court system to immediately send their suits to federal court when they've already lost at home.

[George II]

12. republicans are trying anything they can to suppress the vote.

[BumRushDaShow]

13. I hope they don't try any funny business the week after the election

The PA State Supreme Court is majority Democrats as a note - 5 (D) - (R) who made the originally ruling to allow the counting.

This was the 2nd time the SCOTUS rejected the GOP's request -

Supreme Court Rules Pennsylvania Can Count Ballots Received After Election Day

October 19, 20207:44 PM ET

Pam Fessler


The U.S. Supreme Court said Monday that election officials in Pennsylvania can count absentee ballots received as late as the Friday after Election Day so long as they are postmarked by Nov. 3. The court declined without comment to take up one of the highest-profile election law cases in the final stretch before Election Day. Pennsylvania Republicans had sought to block the counting of late-arriving ballots, which the state's Supreme Court had approved last month.

Republicans sought the emergency stay, arguing that it is up to the state's legislature — not the court — to set rules for how elections are conducted. They also said the court's ruling could allow ballots cast after Election Day to be counted.

The court's most conservative justices — Samuel Alito, Neil Gorsuch, Brett Kavanaugh and Clarence Thomas — said they would have agreed to the stay request. But Chief Justice John Roberts joined the court's three most liberal members to reject the request.

Many more voters are expected to cast votes by mail this year because of the coronavirus pandemic, and the issue of the cutoff date for when those ballots must be in the hands of election officials has become a legal flashpoint between Democrats and Republicans.

https://www.npr.org/2020/10/19/922411176/supreme-court-rules-pennsylvania-can-count-ballots-received-after-election-day

[StaunchDemocrat1957]

14. They have to show some impartiality...

Otherwise it looks like they are defying the will of the people! (Rolling my eyes!)

[elleng]

15. 'The move meant that the court would not consider the case,

which could have yielded a major ruling on voting procedure, until after Election Day.

Justice Amy Coney Barrett, who joined the court on Tuesday and who might have broken an earlier deadlock in the case, did not cast a vote. A court spokeswoman said Justice Barrett “did not participate in the consideration of this motion because of the need for a prompt resolution of it and because she has not had time to fully review the parties’ filings.”

The court’s brief order gave no reasons for declining to expedite consideration of the case. In a separate statement, Justice Samuel A. Alito Jr., joined by Justices Clarence Thomas and Neil M. Gorsuch, said the court may still consider the case after the election.'

https://www.nytimes.com/2020/10/28/us/supreme-court-pennsylvania-ballots.html?

[Polybius]

20. So Amy recused herself

That’s a good sign. I know she’s right-wing, but at least she won’t be voting on any ballot disputes and the like.

[DLCWIdem]

21. Ok. This doesn't sound right

As far as I understood what happened is that the Repubs lost in the Penn state supreme court. Then they asked for a stay order from the USSC. The SC didn't grant them a stay. The decision was 4-4 on Monday night before Barret was on the court with Roberts joining the liberal minority. It was only a stay to stop the count and speed up the case. This was about the stay and It still can be decided by the SC. Correct me if I am wrong.

[onenote]

22. she didn't recuse herself. she didn't participate because she joined the court too late.