News and Commentary

Justice Alito Hints Toward SCOTUS Taking Up Case Of Pennsylvania Mail-In Ballots
United States Supreme Court (Front L-R) Associate Justice Stephen Breyer, Associate Justice Clarence Thomas, Chief Justice John Roberts, Associate Justice Ruth Bader Ginsburg, Associate Justice Samuel Alito, Jr., (Back L-R) Associate Justice Neil Gorsuch, Associate Justice Sonia Sotomayor, Associate Justice Elena Kagan and Associate Justice Brett Kavanaugh pose for their official portrait at the in the East Conference Room at the Supreme Court building November 30, 2018 in Washington, DC.
Chip Somodevilla/Getty Images

Supreme Court Justice Samuel Alito’s order to Pennsylvania requiring the state to segregate ballots received after 8:00 p.m. November 3 is being seen as a hint that the highest court in the country may be willing to accept a case stemming from the election in that state.

As The Daily Wire’s Ryan Saavedra previously reported, Alito’s order required Pennsylvania to segregate the ballots and count them separately, if they’re counted at all.

“All county boards of election are hereby ordered, pending further order of the Court, to comply with the following guidance provided by the Secretary of the Commonwealth on October 28 and November 1, namely, (1) that all ballots received by mail after 8:00 p.m. on November 3 be segregated and kept ‘in a secure, safe and sealed container separate from other voted ballots,’ and (2) that all such ballots, if counted, be counted separately,” Associate Supreme Court Justice Samuel Alito wrote in the Order. “Pa. Dep’t of State, Pennsylvania Guidance for Mail-in and Absentee Ballots Received From the United States Postal Service After 8:00 p.m. on Tuesday, November 3, 2020 (Oct. 28, 2020); Pa. Dep’t of State, Canvassing Segregated Mail-in and Civilian Absentee Ballots Received by Mail After 8:00 p .m. on Tuesday, November 3, 2020 and Before 5:00 p .m. on Friday, November 6, 2020 (Nov. 1, 2020).”

“Until today, this Court was not informed that the guidance issued on October 28, which had an important bearing on the question whether to order special treatment of the ballots in question, had been modified,” the order continued. “The application received today also informs the Court that neither the applicant nor the Secretary has been able to verify that all boards are complying with the Secretary’s guidance, which, it is alleged, is not legally binding on them. I am immediately referring this application to the Conference and direct that any response be filed as soon as possible but in any event no later than 2 p.m. tomorrow, November 7, 2020.”

Alito’s order required Pennsylvania to follow “guidance” that had been previously issued by Secretary of the Commonwealth Katherine Boockvar. As RedState reported, because Alito’s order was made at a time Republicans are seeking to win the presidential election through litigation.

“The backdrop for Justice Alito’s Order on Friday night is an application made by the Republican Party of Pennsylvania, among others, to have their petition pending with the Supreme Court, challenging the decision of the Pennsylvania Supreme Court expedited and resolved prior to election day.  The Pennsylvania Supreme Court’s Order extended by three days the deadline by which mailed-in ballots could be received and still counted when Pennsylvania election law states explicitly that for a ballot to be validly cast it must be received by election officials before 8:00 pm on election day,” the outlet reported.

The order hints at the possibility that the case could reach the Supreme Court, and that perhaps the highest court would accept it, leading to a final showdown in the 2020 presidential election.

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The Daily Wire   >  Read   >  Justice Alito Hints Toward SCOTUS Taking Up Case Of Pennsylvania Mail-In Ballots