“A 3 day extension for Pennsylvania is a disaster for our Nation, and for Pennsylvania itself. The Democrats are trying to steal this Election. We have to get out and VOTE in even larger numbers. The Great Red Wave is coming!!!” the president wrote.
As CNN reported, the Supreme Court on Wednesday denied a request from Pennsylvania Republicans to overturn the ruling, which allows ballots received up to three days after the election to be counted, even without a legible postmark.
Later Wednesday, the court also allowed North Carolina ballots received up to nine days after the election to be counted, as long as they are clearly postmarked by November 3.
Justice Amy Coney Barrett, who was confirmed Monday night to replace the late Ruth Bader Ginsberg, did not participate in either decision.
Democrats have been asking the new justice not to get involved in cases involving the election. The court’s public information officer said that, in this instance, Barrett did not participate because she had not had the time to fully read and review the filings and the resolution had to be “prompt.”
She wasn’t the only judge who didn’t make a decisive call. Justices Samuel Alito, Clarence Thomas, and Neil Gorsuch said in a statement it was too close to the election for them to step in.
“I reluctantly conclude that there is simply not enough time at this late date to decide the question before the election,” Alito said, making it clear he was highly skeptical of the initial ruling, which was made by Pennsylvania’s high court.
He said the question had “national importance” and there is a “strong likelihood” the decision violates the Federal Constitution.
Pennsylvania Attorney General Josh Shapiro emphasized the court’s action means voters know the rules and applauded the outcome.
“The denial of expedited review is good for Pennsylvania voters, who will not have the rules changed on them on the eve of the election without proper review. We know this fight may not be over and we are prepared,” Shapiro said.
Justin Clark, deputy campaign manager and senior counsel to the Trump campaign, said the court had simply deferred the “important issue in this case” until after November 3.
This is the second time the Supreme Court has considered Pennsylvania’s ballots.
On October 19, the justices previously ended up deadlocked 4-4 on an emergency stay request. Chief Justice John Roberts sided with the liberals to allow pending appeal to the extension. It would have taken five justices to secure a majority and grant the Republicans’ request.
With 20 electoral votes, Pennsylvania is a key battleground state for both President Donald Trump and his Democratic opponent, Joe Biden.