WASHINGTON, D.C. — The US Supreme Court has declined to take up a pair of leftover cases from the 2020 election. The cases involved the authority of the Pennsylvania Supreme Court to extend the state’s mail-in ballot deadline.
Justices Thomas, Alito and Gorsuch disagreed and said the court should have granted review of the case.
In his dissent, Justice Thomas wrote, “The Constitution gives to each state legislature authority to determine the “Manner” of federal elections. Art. I, §4,cl. 1; Art. II, §1, cl. 2. Yet both before and after the 2020 election, nonlegislative officials in various States took it upon themselves to set the rules instead.” He continued, “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.”
“We failed to settle this dispute before the election, and thus provide clear rules. Now we again fail to provide clear rules for future elections. The decision to leave election law hidden beneath a shroud of doubt is baffling. By doing nothing, we invite further confusion and erosion of voter confidence. Our fellow citizens deserve better and expect more of us,” Thomas concluded.
See the order denying review and Justice Thomas’s dissent here.