Justice Amy Coney Barrett did not participate in the consideration of the motion.
The order was issued with no noted dissents, but in a statement accompanying the order, Justice Samuel Alito, joined by Justices Clarence Thomas and Neil Gorsuch, said that it was too close to the election for the justices to step in.
“I reluctantly conclude that there is simply not enough time at this late date to decide the question before the election,” Alito said, but he left open the issue that the court could still hear the case on a shortened schedule.
Alito made clear that he was highly skeptical of the ruling by Pennsylvania’s high court. He said the question had “national importance’ and that there is a “strong likelihood that the State Supreme Court decision violates the Federal Constitution.”
This is the second time the court has considered the Pennsylvania issue.
Back on October 19, the justices deadlocked 4-4 on an emergency stay request, with Chief Justice John Roberts siding with the liberals to allow the extension pending appeal. It would have taken five justices to grant the Republicans’ request.
Knowing that Barrett would soon be confirmed to the bench, the lawyers for the state GOP returned to the Supreme Court late last week and asked the justices to formally take up the case, put it on an accelerated schedule and decide the case without oral arguments before Election Day.
They argued that the justices needed to review the case on an accelerated schedule because of the “imminence of the general election in which millions of Pennsylvanians will cast their votes.” They said that the state Supreme Court was wrong to order a three day extension and that the decision was “incompatible” with the General Assembly’s clear legislative intent.