The US Supreme Court’s refusal to think about the adjustments to Pennsylvania election guidelines is “inexplicable”, argued Justice Clarence Thomas earlier this week. Why does the court docket stay mute on the delicate constitutional points?
On 22 February, the US Supreme Court refused to take up circumstances questioning the constitutionality of a Pennsylvania state court docket’s resolution to prolong the ballot-receipt deadline in the 2020 November election by three days, contravening a call made by the state legislature.
Nevertheless, Justice Clarence Thomas dissented insisting that these circumstances supplied the court docket “with an ideal opportunity to address just what authority non-legislative officials have to set election rules, and to do so well before the next election cycle“.
US Supreme Court Faces No-Win Situation
It will not be the first time that the US Supreme Court has evaded intervening into the 2020 election controversy. In October 2020, the court docket initially deadlocked 4-4 on whether or not to look into Pennsylvania’s last-minute three-day vote extension, however later declined to hear the dispute. Contrary to US conservatives’ expectations, newly sworn-in Justice Amy Coney Barrett selected not to participate in the closing vote.
In December 2020, US Supreme Court justices rejected a bid by Rep. Mike Kelly (R-Pa.) to decertify Joe Biden’s victory in the state of Pennsylvania. The similar month, the court docket refused to take up Texas’ lawsuit, backed by a coalition of 17 state legal professional generals in opposition to 4 battleground states: Pennsylvania, Georgia, Michigan, and Wisconsin. The lawsuit raised the alarm over last-minute election rule adjustments in the aforementioned swing states which have been made via the courts or government orders, however not via the legislatures, as mandated.
Techno Fog, who has extensively coated Special Counsel Robert Mueller’s probe and General Mike Flynn’s case over a number of years on Twitter, suggests in his weblog that the US Supreme Court, basically, and Chief Justice John Roberts have discovered themselves in a no-won state of affairs.
If they rule that the Pennsylvania Supreme Court certainly violated the Constitution and federal legislation by de facto usurping the state legislature’s authority, it will not change the end result of the 2020 race however “it would certainly cast more doubt onto the 2020 election”, in accordance to the lawyer.
On the different hand, nonetheless, “by failing to act, the Supreme Court has risked the results of future elections and has guaranteed more judicial meddling in Constitutional powers solely vested to state legislatures”, underscored the lawyer.
AP Photo / KEN HEINENPresident Bill Clinton poses with members of the Supreme Court at the court docket in Washington, D.C., Friday, Oct. 1, 1993
Unclear Rules Threaten to Undermine US Electoral System
While the Pennsylvania Supreme Court’s “decision to rewrite the rules seems to have affected too few ballots to change the outcome of any federal election”, this “may not be the case in the future”, Justice Thomas warns in his dissent.
According to him, unclear guidelines “threaten to undermine” the US electoral system by sowing “confusion and ultimately dampening confidence in the integrity and fairness of elections”.
Commenting on Thomas’ opinion, Politico advised that the justice – the second African American to serve on the Court and the longest-serving member of the board – “seemed to allude to Trump’s fraud claims, suggesting that concerns about such abuses are legitimate”.
The media outlet identified that the US Supreme Court nonetheless has at the least another probability to take up a case associated to the 2020 election: there’s a Trump request pending about the election rule adjustments ordered by the Wisconsin Election Commission. The justices are due to talk about the case at a closed-door convention on 5 March 2021.
Meanwhile, the query about the 2020 election integrity and alleged voter fraud stays open: 43% of American males and 29% of American girls nonetheless imagine there was widespread voter fraud in the 2020 election, in accordance to the 4 February Quinnipiac ballot. At the similar time, 76% of self-identified GOP voters and even 4% Democrats imagine that widespread fraud certainly befell, the pollster came upon.