From today’s Washington Post:
The Supreme Court on Monday night allowed Pennsylvania election officials to count mail-in ballots received up to three days after Election Day, refusing a Republican request to stop a pandemic-related procedure approved by the state’s highest court.
The justices’ action involved an arcane voting practice but carried outsize importance because of Pennsylvania’s pivotal role in the presidential election. It prompted a fierce battle between the state’s Democrats and Republicans.
It also showed a precariously balanced Supreme Court, which has only eight members after the death last month of Justice Ruth Bader Ginsburg, and the potential importance of President Trump’s nominee to replace her, Judge Amy Coney Barrett.
The court was tied on the Republican request, which means the effort failed.
The court’s four most conservative justices — Clarence Thomas, Samuel A. Alito Jr., Neil M. Gorsuch and Brett M. Kavanaugh — said they would have granted the stay.
But that takes five votes, which means Chief Justice John G. Roberts Jr. sided with liberal Justices Stephen G. Breyer, Sonia Sotomayor and Elena Kagan.
Neither side explained its reasoning, which often is the case with emergency requests. But the outcome underscored the decisive role Barrett could play if she is confirmed by the Republican-controlled Senate — with a vote there expected as soon as next week. Trump has said he wants his nominee on the court in case it is split on litigation arising from the election.
Read the complete article here.