Ariane de Vogue for CNN:
Five months after the presidential election and nearly 100 days into President Joe Biden‘s term, the Supreme Court is still considering whether to take up a case related to voting rights in the battleground state of Pennsylvania
.So far, the justices declined several requests to dive into one of the most litigious elections in history, denying petitions from then-President Donald Trump and other Republicans seeking to overturn election result in multiple states Biden won.
But at their closed-door conference on Friday the justices discussed a case that has been lingering on the docket since just after the election, brought by a former GOP congressional candidate concerning a state Supreme Court decision that allowed an expansion of ballot deadlines amidst the pandemic.
Trump’s name isn’t on the case and the court’s action wouldn’t impact the last election. But the justices surely know that if they engage now, even with a promise to look toward future elections, the former President would likely link their action to his own loss.
“With the election finally settled, the justices might believe now is the time to wade into the issue, though certainly they may prefer to do so in a case where the word ‘Trump’ would not have to be uttered and give the former president more fodder to advance the false claim that he actually won the election,” said election law expert Richard L. Hasen of the University of California, Irvine School of Law.