Supreme Court refuses to green light mail ballot deadline extension in Wisconsin
An effort to extend the deadline for counting absentee ballots in Wisconsin remains on hold Monday night after the U.S. Supreme Court refused to green light a six-day extension ordered by a lower court judge because of the pandemic.
It's a win for Republicans who have pushed back against efforts to expand voting access nationwide during the outbreak, with special focus on contesting voting changes in battleground states.
The move by the court, in a 5-3 vote, keeps in place a federal appellate court injunction against a District Court order that first authorized the extension in Wisconsin.
By law in that state, absentee ballots must be delivered to election clerks by 8 p.m. on Election Day if they are to be counted.
Chief Justice John Roberts joined with the conservative justices in keeping the status quo in Wisconsin -- explaining his position in contrast to last week's move when he sided with the liberals effectively keeping Pennsylvania's mail ballot deadline extension in place.
"In this case, as in several this Court has recently addressed, a District Court intervened in the thick of election season to enjoin enforcement of a State’s laws. Because I believe this intervention was improper, I agree with the decision of the Seventh Circuit to stay the injunction pending appeal," he wrote. "While the Pennsylvania applications implicated the authority of state courts to apply their own constitutions to election regulations, this case involves federal intrusion on state lawmaking processes. Different bodies of law and different precedents govern these two situations and require, in these particular circumstances, that we allow the modification of election rules in Pennsylvania but not Wisconsin."
-ABC News Senior Washington reporter Devin Dwyer