“Our fellow citizens deserve better and expect more of us,” Justice Clarence Thomas declared Monday, when the Supreme Court decided — by one vote –to hear none of the 2020 election cases raising issues of voter fraud and illegal votes.
Justices Brett Kavanaugh and Amy Coney Barrett voted with the liberal justices to deny review of the lower court decisions.
Four justices must vote to hear a case to put it on the Court’s docket, but only three justices — Thomas, fellow conservative Samuel Alito, and libertarian Neil Gorsuch — voted to take at least two of four of the key cases from November 2020.
All three dissenting justices took the unusual step of writing opinions as to why the Court should have taken at minimum two of these cases.
“The Constitution gives to each state legislature authority to determine the ‘Manner’ of federal elections,” began Thomas. “Yet both before and after the 2020 election, nonlegislative officials in various States took it upon themselves to set the rules instead. As a result, we received an unusually high number of petitions and emergency applications contesting those changes. The petitions here present a clear example.”
“The Pennsylvania Legislature established an unambiguous deadline for receiving mail-in ballots: 8 p.m. on election day. Dissatisfied, the Pennsylvania Supreme Court extended that deadline by three days,” Thomas explained, referring to one of the rejected cases. “These cases provide us with an ideal opportunity to address just what authority nonlegislative officials have to set election rules, and to do so well before the next election cycle. The refusal to do so is inexplicable.”
“For more than a century, this Court has recognized that the Constitution operates as a limitation upon the State in respect of any attempt to circumscribe the legislative power to regulate federal elections,” he continued, quoting Supreme Court precedent. “Because the Federal Constitution, not state constitutions, gives state legislatures authority to regulate federal elections, petitioners presented a strong argument that the Pennsylvania Supreme Court’s decision violated the Constitution by overriding the clearly expressed intent of the legislature.”