November 17, 2020
Even with “friends” on the high court such as Justices Amy Coney Barrett, Brett M. Kavanaugh, and Neil M. Gorsuch, President Donald Trump learned on November 16 that he would not be able to block all absentee ballots that arrived in Pennsylvania after Election Day.
Indeed, the Supreme Court on Monday declined to take up a case challenging Pennsylvania’s absentee ballot receipt deadline, a few days after Republican efforts were dealt a blow in a lower court regarding late-arriving ballots, US News &World Report says.
Republicans had asked the high court to block all absentee ballots that arrived after Election Day. The justices previously upheld a Pennsylvania Supreme Court ruling for ballots to count that arrived up to three days after the election as long as they were postmarked by November 3.
Trump’s campaign and Republicans have waged scores of legal battles in Pennsylvania and around the country, although many of those cases have so far been unsuccessful in lower courts. Last Friday, November 13, the 3rd U.S. Circuit Court of Appeals rejected a GOP effort to block more than 9,000 late-arriving absentee ballots in Pennsylvania. The panel of three judges pointed out the “unprecedented challenges” facing the U.S. due to the coronavirus.
Most of the litigation from Trump’s team contests small batches of ballots that won’t be able to erase Biden’s lead in key battleground states where he’s ahead by thousands of votes. Biden currently has about 68,000 more votes than Trump in Pennsylvania, according to US News.
Since a winner was projected more than a week ago, Trump has refused to concede to President-elect Joe Biden, who flipped five states to win the White House and unseat an incumbent president.
Conservative justices had left the door open to revisiting Pennsylvania’s case post-election. Last week, Justice Samuel Alito had ordered the state to segregate the absentee ballots arriving after Election Day in the event that the late-arriving ballots are reviewed later by the high court. Prior to Election Day, Pennsylvania instructed elections officials to separate the ballots with the possibility of a court challenge.
If the high court were to eventually decide to take up the case and rule against ballots arriving after Election Day, the number of invalidated ballots would still be too small to overturn the state’s results. The president-elect also leads with 306 electoral votes compared to Trump’s 232.
Research contact: @usnews