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To: Enlightened1

From Justice Alito, Gorsuch, Thomas and Kavanaugh:

https://www.supremecourt.gov/opinions/20pdf/20-542_i3dj.pdf

That does not mean, however, that the state court decision must escape our review. Although the Court denies the motion to expedite, the petition for certiorari remains before us, and if it is granted, the case can then be decided under a shortened schedule. In addition, the Court’s denial of the motion to expedite is not a denial of a request for this Court to order that ballots received after election day be segregated so that if the State Supreme Court’s decision is ultimately overturned, a targeted remedy will be available.

Petitioner represents that it will apply to this Court to obtain that modest relief, Reply in Support of Motion for Expedited Review 3, and Respondent DPP agrees that such
relief is appropriate, Opp. to Motion for Expedited Review
7. Although the Pennsylvania Supreme Court rejected Petitioner’s request for that relief, we have been informed by the Pennsylvania Attorney General that the Secretary of
the Commonwealth issued guidance today directing county
boards of elections to segregate ballots received between
8:00 p.m. on November 3, 2020, and 5:00 p.m. on November
6, 2020. Nothing in the Court’s order today precludes Petitioner from applying to this Court for relief if, for some reason, it is not satisfied with the Secretary’s guidance.


12 posted on 10/28/2020 3:09:49 PM PDT by TexasGurl24
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To: TexasGurl24

Oops, not Kavanaugh.

Gorsuch, Alito and Thomas.


13 posted on 10/28/2020 3:10:33 PM PDT by TexasGurl24
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To: All

Alito is being very clear that if late-arriving ballots are determinative, the court could still weigh in.


16 posted on 10/28/2020 3:12:01 PM PDT by TexasGurl24
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To: TexasGurl24

So it was not denied on the merits, just denied for an immediate injunction, and the GOP can request the court to order that all ballots received after the original deadline be kept separate and not counted until the issue is settled by SCOTUS. So not a total defeat - the tricky part will be making sure the precincts in Pittsburgh and Philly actually separate those and don’t count them - once they are added in, there is no way to undo it.


17 posted on 10/28/2020 3:14:46 PM PDT by CA Conservative (Texan by birth, Californian by circumstance)
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