The ink is hardly dry on Justice Amy Coney Barrett's confirmation and the calls for her recusal from Supreme Court duties are already flowing in.
Pennsylvania's Luzerne County Board of Elections has motioned for Justice Barrett to recuse herself from hearing the SCOTUS case on the state granting a post-election extension for counting mail-in ballots.
"The nomination and confirmation of a Supreme Court justice this close to a presidential election is unprecedented," the board wrote, The Hill reported. "As concerning as that is, what is even more troubling is the language President [Donald] Trump has used in consideration of this nomination, linking it directly to the electoral season at hand, with implications for his own reelection."
The comment Trump has been criticized for is making sure the Supreme Court has a ninth justice to break any potential ties on vital election questions that require a judicial determination. Coincidentally, this case in the court was deadlocked last week at 4-4.
"I think this will end up in the Supreme Court, and I think it’s very important that we have nine justices," Trump said in a Sept. 23 news conference. "It's better if you go before the election, because I think this scam that the Democrats are pulling — it's a scam — the scam will be before the United States Supreme Court. And I think having a 4-4 situation is not a good situation."
Justice Barrett did say during her Senate Judiciary Committee confirmation hearings she would weigh recusal where necessary, but she would not commit to recusing herself from any case before the nine-member court.
Pennsylvania Republicans are objecting to extensions on counting mail-in ballots past Nov. 3 election day. The Pennsylvania Supreme Court was requiring ballots to be counted if they arrive by Nov. 6 and are postmarked by Election Day.
Critics oppose mail-in ballot extensions so the presidential election can be decided on election day and not after.
Eric Mack ✉
Eric Mack has been a writer and editor at Newsmax since 2016. He is a 1998 Syracuse University journalism graduate and a New York Press Association award-winning writer.
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