Clarence Thomas Blasts the Supreme Court for Ducking the Pennsylvania Election Challenge By Dan McLaughlin
EXCERPT;
The Court this morning turned away the remaining challenges to the 2020 election in Pennsylvania, Wisconsin, Georgia, Arizona, and Michigan. Some of these challenges were legally meritless, and none of them offered any legitimate grounds to change the outcome of the presidential election, but the Pennsylvania case in particular raised a serious, recurring issue of election law: whether state courts or state executive officials can use the general, open-ended terms of state constitutional provisions to throw out specific rules passed by state legislatures governing federal elections. Articles I and II of the Constitution reserve to state legislatures the power to set rules for federal elections.
That’s exactly what happened in Pennsylvania: The Pennsylvania supreme court used the Pennsylvania Constitution’s general guarantees of “free and equal” elections and “free exercise of the right of suffrage” as an excuse to invalidate the state legislature’s explicit deadline for mail-in ballots to be received by 8 p.m. on Election Day — the same time the in-person polls close. That deadline was enacted in 2019 and left untouched in revisions to the mail-in ballot rules during the pandemic in 2020. The Court should have heard the case before Election Day, in order t0 ensure that the rules of the road were set in advance. Refusing to hear the case either before the election or after the election guarantees that the issue remains unsettled for the next election.
Justice Clarence Thomas, joined by Justices Samuel Alito and Neil Gorsuch, wrote a dissent blasting the Court for repeatedly ducking this issue (Alito added his own dissent).
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