The Supreme Court ruled 6-3 to reject the review of two 2020 Pennsylvania presidential election cases Monday.

Justices Samuel Alito, Neil Gorsuch, and Clarence Thomas believe they should have been given hearings.

In his dissent Justice Thomas argued mass mail-in voting, which was conducted in Pennsylvania for the first time ahead of the 2020 presidential election in November, combined with election rules being rewritten last minute, makes the process prone to fraud and mistrust.

“The Constitution gives to each state legislature authority to determine the ‘Manner’ of federal elections…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 emer- gency 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,” Thomas wrote.

“Dissatisfied, the Pennsylvania Supreme Court extended that deadline by three days. The court also ordered officials to count ballots received by the new deadline even if there was no evi- dence—such as a postmark—that the ballots were mailed by election day. 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. These cases provide us with an ideal opportunity to address just what authority nonlegislative officials have to set elec- tion rules, and to do so well before the next election cycle. The refusal to do so is inexplicable.”

Attorney Sidney Powell reported this on her Telegram page.

Denials with Dissents

1. Republican Party of Pennsylvania v. Degraffenreid (formerly Boockvar), began with Application for stay filed September 28, 2020. No. 20-542. (CU/CUF/TPC amicus brief in this case on November 25, 2020.)

2. Corman (formerly Scarnati) v. Pennsylvania Democratic Party. Petitioners are Pennsylvania state legislators, began with Petition filed October 27, 2020. No. 20-574.

In these two cases, Thomas dissented and Alito/Gorsuch also dissented.
Roberts and Kavanaugh and Barrett joined the Dems Dissents appear at the end of the Order list.
As Thomas said: “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.”

Denials without any dissent.

3. Congressman Mike Kelly v. Pennsylvania, began with Application for injunctive relief filed December 3, 2020. No. 20-810.

4. Trump v. Degraffenreid (PA), No. 20-845, began with Petition for Cert filed December 21, 2020.

This was John Eastman’s case.

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