Late last month, the justices refused a plea from Republicans to fast-track a decision on whether the Pennsylvania Supreme Court had acted lawfully when it ordered a three-day extension for ballots clearly mailed on or before Election Day,
"It would be highly desirable to issue a ruling on the constitutionality of the State Supreme Court's decision before the election," Justice Alito wrote. "That question has national importance, and there is a strong likelihood that the State Supreme Court decision violates the federal Constitution." Pennsylvania officials have instructed county election officials to segregate ballots arriving after 8 p.m. on Election Day through 5 p.m. on Friday. That would as a practical matter allow a ruling from the Supreme Court to determine whether they were ultimately counted.
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