The Chief Justice strikes again:
Mail-in ballots in Pennsylvania — a critical state for President Donald Trump’s reelection chances — will be counted if they are received within three days of Election Day even if they do not have a legible postmark, the Supreme Court ruled Monday.
Four justices dissented from the order, signaling that the court was equally divided, with Chief Justice John Roberts siding with the court’s three liberals.
The ruling is a loss for state Republicans who sought to require that only ballots received by Election Day be counted.The highly anticipated order could set the tone for other pre-election challenges and highlights the fact that once again Roberts has moved left to side with his liberal colleagues in an area where he has a very conservative record. It also comes just two weeks before Election Day and intensifies the Supreme Court confirmation battle over Judge Amy Coney Barrett, who could well prove to be a deciding vote on election night challenges. [CNN/Politics]
While the other conservative Justices look like they’re taking orders from the Republican National Committee, Chief Justice Roberts appears to believe in being independent. That the liberal wing appears to be solidly in lock-step is obviated when the Chief Justice joins them.
While the accession of Barrett to the Court, apparently inevitable, will diminish the Chief Justice’s role, it won’t eliminate it. He can still argue for the positions he prefers, writing stinging dissents which signal the legislature concerning future law.