Why the Supreme Court May Not Decide the 2024 Election After All
SlateSome have speculated that the Supreme Court has kept its fall schedule light in case it decides to take up litigation that could affect the outcome of the 2024 presidential election. After the state Supreme Court threw out that case on technical grounds, voting rights advocates filed a new suit directly in the state Supreme Court, asking it to take up the issue and resolve it before the closely approaching election. Had the Pennsylvania Supreme Court agreed to take the case, this would have raised a thorny question left unanswered by the U.S. Supreme Court’s 2023 decision in Moore v. Harper: To what extent may state courts rely on state constitutional voting-rights protections to trump state statutes? The state Supreme Court on Saturday, however, refused to take up the case, holding that the timing of the petition came too close to the election: “This Court will neither impose nor countenance substantial alterations to existing laws and procedures during the pendency of an ongoing election.” Related From Slate Finally, the Bad Guys Had a Bad Day at the Supreme Court Although this decision means that Pennsylvania voters mailing in ballots face the risk of disenfranchisement, it also makes postelection litigation from Pennsylvania much less likely and thus U.S. Supreme Court involvement unlikely.