Pennsylvania Democrats, led by the state’s Attorney General Josh Shapiro, told the Supreme Court Thursday it shouldn’t allow President Trump to get involved in a case over the state’s three-day extension for counting mail-in ballots.
Mr. Trump moved to intervene in a lawsuit brought by Pennsylvania Republicans, arguing the state’s Democratic leaders and Secretary of State violated the law by extending the time for counting mail-in ballots to Nov. 6 at 5 pm, despite the state legislature setting the deadline for Election Day.
The lawsuit takes issue with postmarked ballots — if smeared — being presumed to have been mailed before Nov. 3.
“This is an open invitation to voters to cast their ballots after Election Day, thereby injecting chaos and the potential for gamesmanship into what had been an orderly and secure schedule of clear, bright-line deadlines,” the Republicans argued.
Mr. Trump filed a motion Wednesday to get involved in the suit, alleging Pennsylvania could decide the presidential election and the high court should settle the conflict over the ballot extension.
But the state officials argued the justices should reject Mr. Trump’s motion since the case has been pending for weeks and the president’s interests are the same as the state Republican Party.
“The Trump Campaign has not provided any justification for its delay in seeking intervention in this Court, and allowing intervention at this stage would significantly prejudice the existing parties. Timeliness is to be judged ’in consideration of all the circumstances,’” the state argued in the court filing.
The legal issue is returning to the Supreme Court after the justices refused to get involved in the matter last week.
Newly minted Justice Amy Coney Barrett did not participate in the high court’s denial of the Republican Party’s request that the justices expedite their legal challenge.
The justices had split 4-4 on the issue earlier this month, leaving the Pennsylvania Supreme Court ruling in place, which allowed the law to stand and votes to be counted beyond Nov. 3. Chief Justice John G. Roberts Jr., a Bush appointee, sided with the three Democratic-appointed justices to leave the extension intact.
• Alex Swoyer can be reached at aswoyer@washingtontimes.com.
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