Kayleigh McEnany suggests Pennsylvania should toss out all mail ballots that arrive after Election Day, even though the Supreme Court said they should be counted up to 3 days after

• On Fox News, White House press secretary Kayleigh McEnany struggled to justify President Donald Trump's potential attempt to invalidate some mail-in ballots in Pennsylvania.
• The Supreme Court ruled in October that Pennsylvania could count mail-in ballots for up to three days after November 3, as long as they are marked Election Day.
• But in a Wednesday Fox News interview, McEnany said this ruling could be successfully challenged again.
• "We believe every vote on Election Day should be counted. But it's those that arrive after the Election Day that we are fighting in court," she said.
• McEnany did not immediately respond to Business Insider's request for comment.

White House press secretary Kayleigh McEnany has suggested that she wants to toss out all Pennsylvania ballots that arrive after Election Day, even though the Supreme Court ruled last month that they could be counted for up to three days after November 3.

The president baselessly claimed to have already won the election on Wednesday morning and alleged "a major fraud on our nation" without providing evidence to back it up.

In an interview with Fox News on Wednesday night, McEnany suggested that mail-in ballots that arrived after Election Day in Pennsylvania should not be counted.

"We're fighting for the American people to know sooner rather than later, we want the votes to be counted, we want the rules to be followed," she said.

"We believe every vote on Election Day should be counted," she said. "But it's those that arrive after the Election Day that we are fighting in court."

Her comments came in direct contradiction to a tied October 19 ruling by the Supreme Court, which upheld a previous Pennsylvania Supreme Court ruling that said that mail-in ballots postmarked Election Day, but which arrived up to three days after November 3, could be counted.

As such, her definition also contradicts the understanding with which Pennsylvania voters went to the polls.

—nikki mccann ramírez (@NikkiMcR) November 5, 2020

Pennsylvania's presidential race has not yet been called as of Thursday morning.

Trump and his allies have filed lawsuits in three states, including Pennsylvania, to halt them from counting remaining votes, while also insisting that Arizona and Nevada — where Trump is trailing Biden — continue counting their votes.

Should the Pennsylvania case return to the US Supreme Court, the additional vote of conservative judge Amy Coney Barrett — who did not join the October decision but has also not recused herself from the case — could swing the decision in the president's favor.

McEnany is the White House press secretary — a government employee — but appeared on Fox News as a "senior advisor" to Trump's reelection campaign. (Good-governance experts have criticized this apparent blurring of roles between Trump's political operation and his administration, as The Daily Beast has reported.)

McEnany did not immediately respond to Business Insider's request for comment.