The court ruled unanimously against Kelly and others and on Saturday refused to block the ballot paper. Five of the seven judges wrote that they thought the lawsuit was filed too late, a year after missing voting procedures were introduced in the state and weeks after millions of Pennsylvaniaans voted in good faith.
“It is beyond the course of the proceedings that the petitioners did not exercise due diligence in presenting the immediate action,” the court wrote in its majority opinion.
The Supreme Court said Republicans could not reconfigure their complaint and try again.
According to lower courts in the state, an action filed weeks after election day may prevent counties from verifying votes, but this move has become essentially irrelevant.
Matthew Brann, a U.S. district court judge in central Pennsylvania, called the Trump campaign case a “Frankenstein monster” because of poorly concatenated legal theories.
The court’s opinion also rejected Trump’s motion to withdraw the justification for the votes in Pennsylvania, calling it “unprecedented” and “breathtaking” relief where no fraud was alleged.
We’ve updated this story with more information.