Supreme Court Justice Clarence Thomas issued a dissenting opinion regarding the high court’s decision not to take up a case that challenged Pennsylvania’s Nov. 3 election results.
“This is not a prescription for confidence,” Thomas wrote on Feb. 22, adding that “changing the rules in the middle of the game is bad enough.” Thomas, considered by many to be the most conservative justice, said the court should have granted a review.
Thomas was joined by Justices Samuel Alito and Neil Gorsuch in dissenting.
“If state officials have the authority they have claimed, we need to make it clear. If not, we need to put an end to this practice now before the consequences become catastrophic,” Thomas, an appointee of former President George H.W. Bush, wrote.
Thomas also appeared to make a reference to allegations of fraud and irregularities during the Nov. 3 election.
“We are fortunate that many of the cases we have seen alleged only improper rule changes, not fraud,” he wrote. “But that observation provides only small comfort. An election free from strong evidence of systemic fraud is not alone sufficient for election confidence. Also important is the assurance that fraud will not go undetected.”
The Supreme Court on Feb. 22 also declined to review a bid by Rep. Mike Kelly (R-Pa.) and others who asked the court to strike down a policy that expanded mail-in ballots.
Trump still has a request on the Supreme Court docket regarding his challenge to changes that the Wisconsin Election Commission ordered last year.
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