Samuel Case, FISM News
On Monday the United States Supreme Court turned down an appeal from Republicans that challenged a decision by the Pennsylvania Supreme Court allowing ballots received three days after Election Day in the 2020 presidential election to be counted as valid. Republicans argued that this ruling was beyond the scope of the court, as election laws are handled by state lawmakers.
Three of the courts conservative Justices, Clarence Thomas, Samuel Alito, and Neil Gorsuch, voted to take up the case. Justice Amy Coney Barrett did not participate in the vote.
Justice Thomas wrote a scathing dissent, calling into question the courts reason for “leaving election law hidden beneath a shroud of doubt” and lamented the courts roll in eroding “voter confidence.”
One wonders what this Court waits for. We failed to settle this dispute before the election, and thus provide clear rules. Now we again fail to provide clear rules for future elections. The decision to leave election law hidden beneath a shroud of doubt is baffling. By doing nothing, we invite further confusion and erosion of voter confidence. Our fellow citizens deserve better and expect more of us. I respectfully dissent.
The number of ballots in question was under 10,000 and would not have flipped the results in Pennsylvania. However, Thomas warned this may not be the case in future elections, noting that “we may not be so lucky in the future.”
He also argued that concerns over election fraud are not necessarily illegitimate and that a lack of evidence of fraud does not translate into voter confidence. Thomas wrote, “An election free from strong evidence of systemic fraud is not alone sufficient for election confidence. Also important is the assurance that fraud will not go undetected.”
Trump has another pending case concerning changes made by the Election Commission in Wisconsin, which will be discussed on March 5th in a closed-door conference.