U.S. Supreme Court Abdicates on Election Law Cases Yet Again; Justice Thomas: “Refusal is Inexplicable”

This morning, U.S. Supreme Court refused to hear election law challenges in four different cases: Republican Party of Pennsylvania v. Degraffenreid (formerly Boockvar), Corman (formerly Scarnati) v. Pennsylvania Democratic Party, Congressman Mike Kelly v. Pennsylvania, and Trump v. Degraffenreid.

In two of the four cases, Justices Thomas, Gorsuch, and Alito dissented. Justice Thomas stated, “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.”

Joining the liberal justices was, unsurprisingly, Justice Roberts. However, both Kavanaugh and newly-appointed Barrett also joined with the majority in rejecting the cases.

In two of the cases, none of the justices dissented from the denial of certiorari.

The Supreme Court’s refusal to hear election law cases is a very dangerous development for the Republic. The majority of the country knows there was widespread fraud. And the vast majority of conservatives are convinced that the election was stolen. But now it appears they have no legal recourse, at least through the federal courts.

The People must focus their efforts on their state legislatures, enacting election law fixes to prevent the type of election law fraud we saw this past cycle.