Alito’s Latest Prophecy

The Supreme Court misses another opportunity to resolve the national feud over the theory of the independent legislature.

Erin Schaff/the New York Times via AP, pool
Justice Samuel Alito in 2021. Erin Schaff/the New York Times via AP, pool

The Supreme Court’s action yesterday to uphold Pennsylvania’s election laws against a federal court intervention in a Quaker State election dispute could prove to have more import than meets the eye. The 7-2 ruling left intact a state law that mail-in ballots be dated in order to be counted. The riders of the Third Circuit had deemed that state policy so picayune that it violated federal election law. It raised echoes of 2020’s vote-counting disputes.

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