Justice Clarence Thomas issued a vigorous dissent Monday in response to the Supreme Court’s decision not to hear a challenge against the Pennsylvania state court’s ruling that permitted ballots to be counted even if they were received three days after Election Day.
“One wonders what the Court waits for,” Thomas wrote. “We failed to settle this dispute before the election, and thus provide clear rules. 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. I respectfully dissent.”
Thomas acknowledged that the case before the Court would not have changed the outcome of the 2020 presidential election, but he also warned that the unwillingness of the Supreme Court to deal with the issues presented in the case now could hold potential problems
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