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The Wall Street Journal: Republicans secure apparently inconsequential Supreme Court intercession in Pennsylvania vote count

Justice Samuel Alito reiterates prior court directive that mail-in ballots received during state's grace period after Election Day be kept separate from those that arrived on Tuesday or earlier. Read More...

Supreme Court Justice Samuel Alito, shown at a 2019 swearing-in event, responded Friday to a petition by the Republican Party of Pennsylvania to require the sequestering of ballots received after Election Day in case it is later ruled that the state decision to extend the deadline because of the pandemic and post-office slowdowns is illegal. The ballots were already being sequestered in accordance with a prior high-court demand, state officials say.

Alex Wong/Getty Images

Republicans pressed ahead with a post–Election Day legal offensive, with the Trump campaign naming a conservative activist to lead the battle and the Pennsylvania GOP making another emergency request that the U.S. Supreme Court intervene in that state’s count.

The developments came as President Trump fell behind Democrat Joe Biden in Pennsylvania and other battlegrounds, putting Biden on the cusp of the presidency. Litigation filed by the Trump campaign and other Republicans has shown little prospect of turning the tide so far, and legal experts from both parties described the efforts as a last stand.

The Republican Party of Pennsylvania filed a new emergency request at the U.S. Supreme Court on Friday asking the justices to order that state ballots arriving in a three-day window after Election Day be held separate.

See: As Trump vows to fight on, some advisers concede they see no path to victory

State officials, preparing for the possibility of postelection litigation, already pledged to do this, but the new Republican court filing alleges “it is currently unclear” whether all 67 county boards of elections are following the state’s instructions.

Justice Samuel Alito, in an order issued Friday evening, instructed the counties to comply.

An expanded version of this report appears at WSJ.com.

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