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'Inexplicable': Alito and Thomas Dissent as Supreme Court Strikes Down Pennsylvania Election Lawsuit


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PJ Media

On Monday, the Supreme Court threw out several of the remaining challenges to the 2020 presidential election as moot, considering that former President Donald Trump conceded to Joe Biden, who has now become president. Yet Justices Samuel Alito and Clarence Thomas dissented, arguing that the Supreme Court should have taken the opportunity to clarify election law, especially in the case of Pennsylvania.

 

“The Constitution gives to each state legislature authority to determine the ‘Manner’ of federal elections,” Thomas wrote. “Yet both before and after the 2020 election, nonlegislative officials in various States took it upon themselves to set the rules instead. As a result, we received an unusually high number of petitions and emergency applications contesting those changes.”

Thomas argued that the cases Republican Party of Pennsylvania v. Veronica DeGraffenreid (2021) and Jake Corman v. Pennsylvania Democratic Party (2021) presented “a clear example” of election law issues that the Supreme Court should put to rest. “The Pennsylvania Legislature established an unambiguous deadline for receiving mail-in ballots: 8 p.m. on election day. Dissatisfied, the Pennsylvania Supreme Court extended that deadline by three days.”:snip:

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Supreme Court Denial Of 2020 Election Cases Invites ‘Erosion Of Voter Confidence’

On Feb. 22, the Supreme Court refused to hear two 2020 election-related appeals, falling one vote short of the four needed for the high court to agree to hear the case. Justice Clarence Thomas dissented from the denial of certiorari, as did Justice Samuel Alito in a separate dissent, joined by Justice Neil Gorsuch.

With Joe Biden now a month into his office as president of the United States, Americans may shrug at the court’s decision, but we shouldn’t: The Supreme Court’s abdication of its authority to answer important constitutional questions only encourages further lawlessness by state election officials and courts, undermines voter confidence, and threatens even more chaotic federal elections.:snip:

 

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