Supreme Court Rebuffs Republican Requests In Swing State Election Appeals

The Supreme Court dealt a blow to Republicans in battleground states Pennsylvania and North Carolina in a pair of emergency election appeals Wednesday night.

In the Pennsylvania case, the Court left in place the state's three-day grace period for ballots received after Election Day, but several justices indicated they could revisit the issue after Nov. 3 if necessary. In the North Carolina case, the justices outright rejected a Republican bid to shorten the state's mail-in ballot deadline from nine days to three after Election Day.

Republicans have pressed the High Court to stop extended grace periods for mail-in ballots around the country on election integrity grounds. Democrats say such accommodations are necessary given the risks of in-person voting during the pandemic. They also cite unprecedented strains on mail service. Hundreds of thousands of ballots are expected to arrive after Nov. 3.

Justice Amy Coney Barrett did not participate in either case, because she has not had time to review the filings, according to a Court spokeswoman.

Citing the coronavirus pandemic, the Pennsylvania Supreme Court ordered election officials to count any ballot that arrives by Friday Nov. 6 unless it appears to have been sent after Election Day. Keystone state Republicans argued this ruling violates the federal Constitution, and asked the High Court to say so as quickly as possible, preferably before Nov. 3.

There were no dissents from the unsigned order, which gave no reasons for denying the Republican request. The Court indicated that additional opinions may be forthcoming, underscoring the unusual nature of the case. Both the Trump and Biden campaigns consider Pennsylvania critical to the outcome of the election.

In a short separate statement, Justice Samuel Alito lamented that Pennsylvania's balloting is being conducted "under a cloud." He indicated that the Court could resolve the case after the election if necessary. Justices Clarence Thomas and Neil Gorsuch joined his opinion.

"I reluctantly conclude that there is simply not enough time at this late date to decide the question before the election," Alito wrote. "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 [review] remains before us, and if it is granted, the case can then be decided under a shortened schedule."