May 2021 – After the U.S. Supreme Court’s refusal to consider a case against the state of Pennsylvania that allowed postdated mail-in ballots to be counted, Justice Clarence Thomas wrote a scathing dissent.
He stated that while decisions to rewrite election rules seem to have affected too few ballots to change the outcome, “that may not be the case in the future.”
He continued, “These cases provide us with an ideal opportunity to address just what authority non-legislative officials have to set election rules and to do so well before the next election cycle. The refusal to do so is inexplicable. ... We failed to settle this dispute before the election, and thus provide clear rules. Now we again fail to provide clear rules for future elections. ... Our fellow citizens deserve better and expect more from us.”