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

[Marty Lederman]

I suspect Justin actually knows full well how the four Justices voting to
grant are conceiving the "equities" in this case.

On Mon, Oct 19, 2020 at 7:52 PM Levitt, Justin <justin.levitt at lls.edu>
wrote:

> Thanks, Pam.
>
>
>
> I’ll note that that’s four votes for a federal stay of a state supreme
> court decision, which would have changed the rules 14 days before an
> election and after 900,000 ballots have already been returned
> <https://electproject.github.io/Early-Vote-2020G/index.html> in
> Pennsylvania, without any explanation of why federal law demands such a
> result.  That’s just another example of why I joined Pam and several other
> members of this list, following Nick’s post here
> <https://takecareblog.com/blog/freeing-purcell-from-the-shadows>, asking
> SCOTUS to clarify
> <https://www.supremecourt.gov/DocketPDF/20/20A66/157915/20201016105409273_20A64%20-%2020A65%20-%2020A66%20Election%20Law%20Scholars%20Motion%20-%20Brief.pdf>
> exactly what the heck the rules are in granting or declining (or vacating)
> last-minute judicial stays.  Because I legitimately don’t know how the four
> Justices voting to grant are conceiving the equities in this case, or how
> those votes would be consistent with the prior stays this cycle.
>
>
>
> Justin
>
>
>
> *From:* Law-election <law-election-bounces at department-lists.uci.edu> *On
> Behalf Of *Pamela S Karlan
> *Sent:* Monday, October 19, 2020 4:35 PM
> *To:* Election Law Listserv <law-election at uci.edu>
> *Subject:* [EL] U.S. Supreme Court denies a stay of Pa. Supreme Court's
> extension on vote by mail ballots
>
>
>
> 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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-- 
Marty Lederman
Georgetown University Law Center
600 New Jersey Avenue, NW
Washington, DC 20001
202-662-9937
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