The Supreme Court announced Wednesday it would not fast-track a dispute over mail-in ballots in Pennsylvania, a critical swing state, days before the Nov. 3 election.
Justice Amy Coney Barrett did not participate in the high court’s denial of the Republican Party’s request that the justices expedite its legal challenge over a state law allowing mail-in ballots to be counted up to three days after Election Day.
The case first came to the high court earlier this year, and the justices split 4-4 on the issue earlier this month, leaving the Pennsylvania Supreme Court ruling in place, which allowed the law to stand and votes to be counted beyond Nov. 3.
Chief Justice John G. Roberts, Jr., a Bush-appointee, sided with the three Democratic-appointed justices to leave the extension intact.
But since Justice Barrett has been nominated and confirmed, the Republican Party had renewed its challenge, sending the case back to the high court but to no avail.
Liberal groups and progressive legal scholars had argued that Justice Barrett should not participate in any election-related legal battle since she was appointed by President Trump, who has said that he wants the justices to stop mail-in ballot conflicts.
They were particularly worried about the Pennsylvania challenge, since it had been renewed during Justice Barrett’s confirmation process.
During her confirmation hearing earlier this month, Justice Barrett told senators she did not promise the president — or any executive branch official — to rule a certain way in any case that may come before her on the high court.