‘Inexplicable’: Alito and Thomas Dissent as Supreme Court Strikes Down Pennsylvania Election Lawsuit
By Tyler O’Neil
On Monday, the Supreme Court threw out several of the remaining challenges to the 2020 presidential election as moot, considering that former President Donald Trump conceded to Joe Biden, who has now become president. Yet Justices Samuel Alito and Clarence Thomas dissented, arguing that the Supreme Court should have taken the opportunity to clarify election law, especially in the case of Pennsylvania.
“The Constitution gives to each state legislature authority to determine the ‘Manner’ of federal elections,” Thomas wrote. “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 emergency applications contesting those changes.”