The Supreme Court refused to hear two Pennsylvania election cases centered around mail-in ballots, as the high court makes it clear that it has no desire to intervene in the Democratic Party’s endless manipulation of the electoral process for political gain.
Justice Clarence Thomas said in his dissent that the decision will result in confusion and an “erosion of voter confidence” — Thomas was joined in his dissent by Justices Samuel A. Alito Jr. and Neil M. Gorsuch.
Calling the decision “baffling,” Thomas questioned the high court for continuing to skirt the issue.
“One wonders what this court waits for. We failed to settle this dispute before the election, and thus provide clear rules,” he wrote. “Now we again fail to provide clear rules for future elections. The decision to leave election law hidden beneath a shroud of doubt is baffling. By doing nothing, we invite further confusion and erosion of voter confidence. Our fellow citizens deserve better and expect more of us.”
Thomas was critical of the Pennsylvania Supreme Court extending the deadline.
“That decision to rewrite the rules seems to have affected too few ballots to change the outcome of any federal election. But that may not be the case in the future,” he wrote. “These cases provide us 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. The refusal to do so is inexplicable.”
He added that the Supreme Court needs “to put an end to this practice now before the consequences become catastrophic.”
One of the cases was filed by U.S. Rep. Mike Kelly, who argued a voting reform law signed by Democratic Gov. Tom Wolf was unconstitutional because it was not passed by a constitutional amendment.
“It is astounding that our nation’s highest court was unwilling to hear arguments in a case that called on the court to require states to follow their own constitutions in the conduct of federal elections,” Kelly tweeted.
It is astounding that SCOTUS was unwilling to hear arguments in a case that called on our nation’s highest court to require states to follow their own constitutions. My statement on the decision in Kelly v. Commonwealth of Pennsylvania ➡️ https://t.co/HKhIlBxqyK
— Rep. Mike Kelly (@MikeKellyPA) February 22, 2021
Kelly said in a press release the law “expressly violates the Pennsylvania Constitution and the only court to consider the merits acknowledged the strength of our argument and said we were likely to succeed.”
The law provided for no excuse mail-in voting where ballots can be acquired 50 days before an election and submitted as late as 8 p.m. on Election Day — the deadline was extended until three days after the election by the state Supreme Court if ballots were either postmarked by Election Day or had missing or illegible postmarks.
“I call on the governor and the General Assembly to do the right thing by repealing the no-excuse mail-in voting system, starting the constitutional amendment process, and letting Pennsylvania voters decide the issue,” Kelly added.
Trump appointees Justices Brett Kavanaugh and Amy Coney Barrett declined to hear the case — either jurist would have provided a fourth vote needed for the court to take the case, according to the Associated Press.
Social media users hailed Justice Thomas for his courage to take on the big issues we face as a country.
Here’s a quick sampling of responses to the story from Twitter:
Thank you, Justice Thomas. pic.twitter.com/N9aINPbukn
— Jenna Ellis (@JennaEllisEsq) February 22, 2021
Justice Thomas gets it right on the SCOTUS refusal to hear the PA election case.
If state officials exceeded their authority in making changes to the election laws (and they did):
“We need to put an end to this practice now before the consequences become catastrophic.” pic.twitter.com/dRzUk6A9uL
— Techno Fog (@Techno_Fog) February 22, 2021
Justice Thomas just agreed with all the arguments that Donald Trump made against widespread mail-in ballots
Are you going to accuse Clarence Thomas of spreading a “Big Lie,” @JakeTapper?
— Jack Posobiec 🇺🇸 (@JackPosobiec) February 22, 2021
Never forget Joe Biden publicly lynched Justice Clarence Thomas.
— Brigitte Gabriel (@ACTBrigitte) February 19, 2021
I’ve always admired Justice Thomas, and this dissension is why! pic.twitter.com/JwyFx7KI1S
— Bernard B. Kerik (@BernardKerik) February 22, 2021
SCOTUS denies cert for Pennsylvania election lawsuit, and Justice Clarence Thomas shows yet again why he is one of the greatest Supreme Court Justices ever pic.twitter.com/Rxc8zK4e8m
— Viva Frei (@thevivafrei) February 22, 2021
Is Clarence Thomas your favorite Supreme Court Justice? pic.twitter.com/Ay1OAiLKP5
— ACTforAmerica (@ACTforAmerica) February 22, 2021
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