Supremes: Provisional Ballots In Pennsylvania Must Be Counted... As The Penn. Supreme Court Has Ruled, Under State Law.

The specific dispute concerns only two ballots, from the long over primaries in Pennsylvania. And the Court correctly concluded that the way Pennsylvania handles this should not be upset, just four nights before the general election.

The Justices offered this statement, denying the GOP's attempt to prevent the counting of these provisional ballots:

. . .The application of the State Supreme Court’s interpretation in the upcoming election is a matter of considerable importance, but even if we agreed with the applicants’ federal constitutional argument (a question on which I express no view at this time), we could not prevent the consequences they fear. The lower court’s judgment concerns just two votes in the long-completed Pennsylvania primary. Staying that judgment would not impose any binding obligation on any of the Pennsylvania officials who are responsible for the conduct of this year’s election.

And because the only state election officials who are parties in this case are the members of the board of elections in one small county, we cannot order other election boards to sequester affected ballots. For these reasons, I agree with the order denying the application. . . .

Perhaps a small matter, but it does give me the impression that the Supremes are not going to unduly push their thumbs onto the scales in the 2024 general, to aid Tangerine. Excellent.

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