[EL] U.S. Supreme Court denies a stay of Pa. Supreme Court's extension on vote by mail ballots

[Mark Scarberry]

Thanks, Pam.

If/when Judge Barrett joins the Court, will this be revisited? Which way
would she go? (That's a serious question; whatever her views on the merits,
she would, I think, consider the institutional interests of the Court and
the broader concerns for the nation. A stay need not be granted even if
there is a likelihood that the GOP ultimately would prevail. Among other
matters, the public interest is a factor.) Or would she recuse herself? If
she tips it 5-4 against the extension, and if Democrats take power,
court-packing almost certainly would result.

Mark

[image: Pepperdine wordmark]*Caruso School of Law*

*Mark S. Scarberry*

*Professor of Lawmark.scarberry at pepperdine.edu
<mark.scarberry at pepperdine.edu>*
Personal: mark.scarberry at gmail.com




On Mon, Oct 19, 2020 at 4:36 PM Pamela S Karlan <pkarlan at stanford.edu>
wrote:

> 4-4.  No opinions.
>
> https://www.supremecourt.gov/orders/courtorders/101920zr1_ebfi.pdf
>
> Pamela S. Karlan
>
> Kenneth and Harle Montgomery Professor of Public Interest Law
>
> Co-Director, Supreme Court Litigation Clinic
>
> Stanford Law School
>
> karlan at stanford.edu
>
> 650-725-4851
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> Law-election at department-lists.uci.edu
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