Statue outside U.S. Supreme Court

Another Really Bizarre And Potentially Result-Altering Decision On The Election From The Supreme Court

On the face of it, looks like a defeat for Republican efforts to block some votes from being counted in Pennsylvania. But go a little deeper and it’s more than a little troubling.

Eric J Scholl
3 min readOct 28, 2020

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Just about a week ago, Pennsylvania Republicans lost an attempt to overturn a decision by the Pennsylvania Supreme Court that allows ballots in that state to be counted if they are delivered by the Postal Service up to 3 days after Election Day, provided they’d been postmarked by Election Day.

The U.S. Supreme Court, which only had 8 members at the time, was split down the middle. Which resulted in the current rules staying in place. None of the Justices offered an explanation for why they decided as they did. But, Justices Thomas, Alito, Gorsuch and Kavanaugh made it clear they would’ve sided with Republicans and would’ve cut those ballots off.

So now, with a new Justice now on the Supreme Court, Republicans decided to take another run at it. Here’s where it gets tricky. They lost 5–3. With an explanation from Justice Alito that while the issue “calls out for response”:

I reluctantly conclude that…

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Eric J Scholl

Peabody award winning journalist. Streaming media pioneer. Played @ CBGB back in the day. Editor-In-Chief "The Chaos Report" www.thechaosreport.com