Supreme Court won't expedite GOP challenge to Pennsylvania mail-in ballot deadline

The Supreme Court.
(Image credit: Samuel Corum/AFP via Getty Images)

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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Catherine Garcia

Catherine Garcia is night editor for TheWeek.com. Her writing and reporting has appeared in Entertainment Weekly and EW.com, The New York Times, The Book of Jezebel, and other publications. A Southern California native, Catherine is a graduate of the University of Redlands and the Columbia University Graduate School of Journalism.