[USA Today] WASHINGTON — A blistering dissent in a high-profile election case written by Supreme Court Justice Clarence Thomas prompted blowback Monday from Democrats who accused one of the court's most conservative members of embracing baseless claims of voter fraud promoted by President Donald Trump after the November election.In an 11-page dissent from the court's decision not to take up a challenge to the expanded use of mail ballots in Pennsylvania, Thomas acknowledged that the outcome of the election was not changed by the way votes were cast in the battleground state. But he raised questions about the reliability of mail-in voting that echoed many of the same arguments Trump raised in the weeks before and after the election.
The dissent followed the court's decision Monday to turn away a challenge to accommodations the Pennsylvania state Supreme Court made for mail-in voting during the coronavirus pandemic. The state, one of a handful of tossups that ultimately led to the election of President Joe Biden, allowed absentee ballots to be received up to three days after Election Day, even in cases where those ballots did not have a clear Nov. 3 postmark.
In the end, despite the partisan rancor over the issue and a bevy of lawsuits, there were too few ballots at issue to make a difference in the outcome in the Keystone State. But Thomas and two other conservative justices, Samuel Alito and Neil Gorsuch, said the legal questions should have been taken up by the high court to guide future elections.
"That decision to rewrite the rules seems to have affected too few ballots to change the outcome," Thomas wrote. "But that may well not be the case in the future."
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