By a 5–3 vote, the Supreme Court has refused to stop Pennsylvania from counting ballots that are mailed by Election Day but arrive up to three days later. Alito dissents, joined by Thomas and Gorsuch. Read it:
Note: Amy Coney Barrett did not participate in this decision, but she did NOT recuse herself. She simply decided that she joined too late to participate.
This statement is a clear indication that, while Amy Coney Barrett didn't participate this time, she will NOT recuse herself from future election litigation.
Partial correction: Alito, Thomas, and Gorsuch didn't technically dissent. They essentially said they want to overturn the Pennsylvania Supreme Court and throw out late ballots *after* the election, not before it.
Alito's opinion is pretty frightening. He notes that Pennsylvania will segregate ballots that arrive after Election Day, and suggests that he hopes SCOTUS throws them out in the near future.
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