Supreme Court Stops GOP Effort to Reject Tons of Ballots in Pennsylvania

These ballots now can arrive three days after November 3 if they are post-marked by Election Day. Photo: MediaNews Group via Getty Images In a much-anticipated order, the Supreme Court turned down a Republican petition to stop Pennsylvania’s own high court from extending the deadline for receiving mail ballots because of the pandemic. The Court split 4-4 along ideological lines, with Chief Justice John Roberts siding with the three remaining liberals after Ruth Bader Ginsburg’s death.

The Pennsylvania Supreme Court ruled in Democrats’ favor last month on a number of mail-voting rules: permitting voters to turn in ballots via drop box in addition to using the U.S. Postal Service; allowing ballots to be returned up to three days after Election Day; and blocking a Republican effort to allow partisan poll watchers to be stationed in counties where they do not live.Pennsylvania’s Republican legislators and the state GOP asked the U.S.

Without opinions, it’s hard to divine what, if any value, the denial of the GOP petition might have as precedent. You obviously have to wonder if the order would have been granted had Amy Coney Barrett been on the Court to break the tie. The odds seem high that she would have joined her fellow Trump appointees Gorsuch and Kavanaugh in second-guessing the state court just enough to put aside its change in the mail ballot deadline. But we may never know for sure.

The practical effect of this non-intervention by SCOTUS could be negligible if Joe Biden’s current lead nationally and in the Keystone State holds, but could be enormous if the national race tightens and Pennsylvania remains the “tipping-point state” giving the winner 270 electoral votes, as FiveThirtyEight says it may well be.

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