The Supreme Court on Tuesday rejected a request from Pennsylvania Republicans to block the state’s election certification, effectively giving President-elect Joe Biden 20 electoral votes.
President Donald Trump, who appointed three of the nine justices on the court, had frequently suggested bringing the election battle to the high court — though Tuesday’s order indicates the justices have little interest in getting involved.
The court’s one-line order simply read: “The application for injunctive relief presented to Justice Alito and by him referred to the court is denied.”
No justice commented or offered a public dissent, included new appointee Amy Coney Barrett, in her first election-related dispute.
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Hours before the court’s order, Trump appeared to call on the court to have “courage” to reject the presidential election losses. The president has continued to propagate baseless allegations of widespread voter fraud, but has continued to fail in his legal challenges as no significant evidence of fraud or wrongdoing has been brought forth.
“Let’s see whether or not somebody has the courage, whether it’s legislators or legislatures or a justice of the Supreme Court or a number of justices of the Supreme Court,” Trump said. “Let’s see if they have the courage to do what everybody in this country knows is right.”
The Pennsylvania suit brought in part by Rep. Mike Kelly (R-Pennsylvania) faced challenges prior to its attempt to loop in the Supreme Court.
The state’s Supreme Court similarly dismissed the suit, stating that Kelly did not file soon enough after the election.
Kelly’s lawyers addressed an emergency petition to Justice Samuel Alito after they argued that the state court violated his “right to petition and right to due process.”
“No court has ever issued an order nullifying a governor’s certification of presidential election results,” J. Bart Delone, the state’s chief deputy attorney general, said in response. “The loss of public trust in our constitutional order resulting in this kind of judicial power would be incalculable.”
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