Reasonable Inference
[Reasonable Inference – Appearance of impartiality concern] The Pennsylvania Supreme Court, in a series of 2020 pre-election orders, extended mail ballot receipt deadlines (to November 6 for ballots postmarked by November 3), altered ballot-curing procedures, and modified signature-verification requirements – changes that were made by judicial order rather than by the legislature, which is the constitutionally designated authority for election law under Art. I, § 4 and the Electors Clause. Three of the seven Pennsylvania Supreme Court justices were elected with significant campaign contributions from groups with a documented partisan interest in the outcome of the election. This does not establish improper judicial conduct but creates an appearance-of-impartiality question that warrants examination under 28 U.S.C. § 455 principles.
Citations
Pennsylvania Supreme Court Order No. 133 MM 2020: https://www.pacourts.us/assets/files/page-1433/file-10012.pdf | PA Courts
SCOTUSblog on PA Supreme Court Extension to Nov. 6: https://www.scotusblog.com/2020/10/supreme-court-leaves-in-place-order-requiring-pennsylvania-to-count-absentee-ballots-after-election-day/ | SCOTUSblog