The Supreme Court on Wednesday refused to expedite a request from Pennsylvania Republicans to stop the state from counting mail-in ballots received in the three days after Election Day.
This means the case won't be heard before Nov. 3, but in a statement, Justices Samuel Alito, Clarence Thomas, and Neil Gorsuch said it could be reviewed by the court after the election.
Earlier this month, the Supreme Court deadlocked on the issue, leaving in place the Pennsylvania Supreme Court's ruling that ballots postmarked by Election Day can be counted if they arrive up to three days later. Wednesday's brief order did not say why the Supreme Court declined to expedite consideration of this similar case, The New York Times reports.
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Justice Amy Coney Barrett, whose first day on the job was Tuesday, did not cast a vote on Wednesday, with a spokesperson for the court saying she "did not participate in the consideration of this motion because of the need for a prompt resolution of it and because she has not had time to fully review the parties' filings."
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