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

[Fredric Woocher]

Seriously, Mark, you believe there is some doubt about how a Justice Barrett would rule on this case?

FDW

From: Law-election [mailto:law-election-bounces at department-lists.uci.edu] On Behalf Of Mark Scarberry
Sent: Monday, October 19, 2020 4:49 PM
To: Election Law Listserv <law-election at uci.edu>
Subject: Re: [EL] U.S. Supreme Court denies a stay of Pa. Supreme Court's extension on vote by mail ballots

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

[Pepperdine wordmark]
Caruso School of Law

Mark S. Scarberry
Professor of Law
mark.scarberry at pepperdine.edu<mailto:mark.scarberry at pepperdine.edu>
Personal: mark.scarberry at gmail.com<mailto:mark.scarberry at gmail.com>




On Mon, Oct 19, 2020 at 4:36 PM Pamela S Karlan <pkarlan at stanford.edu<mailto:pkarlan at stanford.edu>> wrote:
4-4.  No opinions.

https://www.supremecourt.gov/orders/courtorders/101920zr1_ebfi.pdf<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<mailto:karlan at stanford.edu>

650-725-4851
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