Amy Coney Barrett’s First Supreme Court Vote Could Be To Limit Ballot Counting

Topline

Pennsylvania Republicans are again asking the U.S. Supreme Court to step in and keep the state from counting mail-in ballots received after Election Day, in what could be a critical case in determining the outcome of the 2020 presidential election, with Judge Amy Coney Barrett likely playing a crucial role in what could be her first vote as a Supreme Court justice.

Key Facts

What To Watch For

Barrett, who is expected to be a solidly conservative justice, will likely be confirmed to the Supreme Court this week. Her confirmation seems especially certain after Sen. Lisa Murkowski (R-Alaska) announced Saturday she would be voting “yes” on Barrett’s confirmation. Murkowski was the only Republican to vote against President Donald Trump’s previous Supreme Court nominee, now-Justice Brett Kavanaugh.

Key Background

Pennsylvania is seen as a critical swing state in the presidential election, with 20 electoral votes. It was also one of the states with the thinnest margins in 2016. Trump carried Pennsylvania by less than one percentage point over Democrat Hillary Clinton, winning by under 45,000 votes. Polling shows Trump trailing 2020 Democratic challenger Joe Biden, though, with Trump facing a polling deficit in swing states around the country.

Big Number

2,944,187. That’s how many mail-in ballots Pennsylvanians have requested for the election, according to the United States Elections Project.

Tangent

In a separate case Friday, the Pennsylvania Supreme Court sided against Republicans by ruling that mail-in ballots cannot be rejected because a voter’s signature doesn’t match the one on file. And in another blow Friday, the Commonwealth Court of Pennsylvania also ruled that poll watchers won’t be allowed at satellite elections offices to observe mail-in ballots—another strike against GOP efforts to limit mail-in balloting.

Further Reading

Lisa Murkowski announces support for Amy Coney Barrett during rare Saturday Senate session (Fox News)

Supreme Court Rules Pennsylvania Can Count Ballots Received After Election Day (NPR)

Today’s 2020 Election Polls: Biden Wins Final Debate, Still Leading In Pennsylvania And Michigan (Forbes)

Pennsylvania Ballots Can’t Be Thrown Out For Mismatched Signatures, Court Rules In Blow To GOP (Forbes)