Supreme Court declines to take action on Trump’s Pennsylvania appeal prior to certification of Biden win

Supreme Court declines to take action on Trump’s Pennsylvania appeal prior to certification of Biden win
Chairman of the Joint Chiefs of Staff Mark A. Milley, right, speaks with U.S. Supreme Court Associate Justices Brett M. Kavanaugh, Neil M. Gorsuch, Elena Kagan and Chief Justice John G. Roberts Jr. at the State of the Union address Tuesday evening, Feb. 4, 2020, at the U.S. Capitol in Washington, D.C. (Official White House Photo by D. Myles Cullen)

The Supreme Court of the United States on Monday took no action to overturn a lower court decision that allowed the counting of late-arriving mail-in ballots in Pennsylvania.

President Donald Trump's campaign had sought to exclude mail-in ballots that arrived after election day.

In 4-4 decision in October, the high court upheld the Pennsylvania Supreme Court's ruling that said ballots postmarked by election day can arrive up to three days after the election.

The court later handed the Trump campaign a victory with an order saying that late-arriving ballots must be segregated before being counted.

The Trump campaign had hoped that the Supreme Court would hear the case prior to Pennsylvania's certification of the 2020 election.

But on Monday, the court's regular order list for its November 20 conference did not include any action on the case.

The court could take action at its December 4 conference, which is after Pennsylvania's November 23 deadline for counties to certify the election.

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